Miller v. Burley

Calhoun, President,

dissenting:

Respectfully, I dissent from the decision of the Court in this case. The contentions of counsel for Brooks Miller made by brief and oral argument, the decision of the Circuit Court of Marshall County, and the decision of the Court in the present case have been based almost wholly upon McCoy v. Fisher, 136 W.Va. 447, 67 S.E.2d 543, which hereafter in this opinion may be referred to merely as the McCoy case. I consider that case palpably untenable from a legal standpoint. It should be overruled by the Court before it forms the basis of another unfortunate and *699farcic…