Legal Opinion · Dissent

Burdette v. Campbell

West Virginia Supreme Court

Decided March 7, 1944No. 9535Published

1DissentKenNA, Judge

In my opinion the conclusion of the majority has complicated what is at best a highly confusing controversy. As the majority opinion states, this writ of error was limited to questions involving the disclaimer, and the form of the verdict and the judgment. The plaintiff in error correctly prosecuted it on that basis without presenting the matters that arose on the defendants’ plea of not.guilty. His opponents did likewise. I believe the majority has reached a conclusion based upon the entire case while considering only that part of the record that relates to the limited writ of error granted…

2Cases cited4 opinions

  1. Miller v. HoltWest Virginia Supreme Court · 1899
  2. Hicks v. New River & Pocahontas Cons. Coal Co.West Virginia Supreme Court · 1923
  3. Jones v. C. & O. R. R.West Virginia Supreme Court · 1878
  4. Wilson v. CaldwellWest Virginia Supreme Court · 1925

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