Maryland Trust Co. v. Gregory

I am unable to concur in the ruling of the majority in this case, and dissent therefrom.

The majority opinion is based on the theory that the failure to call a case for hearing for two terms or more after an appeal was docketed, and during the period prior to the decision of this Court in Maryland Trust Co. v. Gregory, 129 W. Va. 35, 38 S. E. (2d) 359, in which the decision of this Court became effective in June, 1946, furnishes sufficient basis for the entry of the judgment entered in the Circuit Court of Nicholas County at its May term, 1947; and apparently abandons the theory of the…