Baker v. Bank of Milton

I concur in the result reached by the opinion of the Court, but disagree with the method of reaching that conclusion. As I undertook to state in the dissenting memorandum filed in the former hearing of this case (120 W. Va. 788, 200 S. E. 346), I do not think that the plaintiff in an action of detinue brought for the purpose of recovering possession of a promissory note should be required to prove his right to recover the amount represented by the note, even when that right is questioned. The legal, not the equitable, right to the possession is all that is involved. Otherwise, the result of…