Legal Opinion · Dissent

Adams v. Londeree

West Virginia Supreme Court

Decided April 2, 1954No. 10670Published

1DissentRaymond, Judge

The decision of the majority in denying the writ sought in this proceeding is based upon a misconception of the effect of Section 4 of Chapter 5, Acts of the Legislature, 1917, Second Extraordinary Session, and a misapplication of Section 3 of Chapter 1 of the Code of 1931. It is contrary to an unbroken line of decisions of the Supreme Court of the United States and appellate courts in other States, some of which, clearly refuting the conclusion reached, are cited in the majority opinion. It is also completely unsupported by any persuasive applicable text or case authority. In consequence I…

2Cases cited32 opinions

  1. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  2. Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
  3. Surplus Trading Co. v. CookSupreme Court of the United States · 1930
  4. Collins v. Yosemite Park & Curry Co.Supreme Court of the United States · 1938
  5. Silas Mason Co. v. Tax Commission of WashingtonSupreme Court of the United States · 1937

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