Legal Opinion · Dissent

State ex rel. Dewey Portland Cement Co. v. O'Brien

West Virginia Supreme Court

Decided December 22, 1956No. 10845Published

1DissentGiven, Judge

Being of the very definite view that the Court has unnecessarily struck down a statute of long standing and great usefulness and, in doing so, unnecessarily precludes the use and application in this State of an important principle of corporation law, one that has long been recognized and applied in this State, I must attempt to state the bases of my dissent. To indicate the sharp, abrupt impact that may be expected to the heretofore existing practice of issuing stock with limited voting rights, it may be pointed out that since 1948 approximately one hundred twenty corporations have been…

2Cases cited12 opinions

  1. State Road Commission v. County Court of Kanawha CountyWest Virginia Supreme Court · 1932
  2. E. K. Buck Retail Stores v. HarkertNebraska Supreme Court · 1954
  3. Hunton v. CommonwealthSupreme Court of Virginia · 1936
  4. Cross v. W. Va. Cent. & Pa. R'y Co.West Virginia Supreme Court · 1891
  5. South East Public Service Corp. v. CommonwealthSupreme Court of Virginia · 1935

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