Carroll Hardwood Lumber Co. v. Stephenson
West Virginia Supreme Court
1DissentLovins, Judge
The decision of the Court in this case approves delay in litigation and upholds negligence in the prosecution of a suit or action. The demand of the plaintiff is stale, having been asserted by the commencement of an action more than twenty years ago. Nevertheless, the Court, by invoking what I consider to be doubtful and uncertain principles of law, holds that the plaintiff has the benefit of Code, 55-2-18.
The principle, that litigation should be ended within a reasonable time after the cause of action accrues, is virtually ageless and has been rigidly adhered to by applying statutes of…
2Cases cited20 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Lester v. State Compensation CommissionerWest Virginia Supreme Court · 1941
- Woodford v. McDanielsWest Virginia Supreme Court · 1914
- Jenkins v. HeaberlinWest Virginia Supreme Court · 1929
- Harrison v. HarmanWest Virginia Supreme Court · 1915
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