Gaines v. Hawkins

Respectfully, I dissent because I believe that the decision embodied in the majority opinion is unsupported by proper precedent and contrary to law, common sense, reason and justice. I believe also that the Court in this case has sacrificed substance, justice and reason for the sake of a slavish adherence to empty technicality.

Following the decision in Pettry v. The Chesapeake and Ohio Railway Company, 148 W. Va. 443, 135 S. E.2d 729, R.C.P. 1 was amended so as to place therein the italicized portion of the following language: “These rules govern the procedure in all trial courts of record in…