Legal Opinion · Dissent

McKinney v. Kingdon

West Virginia Supreme Court

Decided December 5, 1978No. 14195Published

1DissentMiller, Justice

My departure from the majority centers on the opinion’s second syllabus,1 which I believe is an unwarranted extension of the traditional power lodged in a trial court to decree a division of the parties’ property. I derive some comfort from the fact that the opinion limits itself “to automobiles, a unique kind of personal property, and is not intended to affect the existing law con*328cerning real property or drastically alter the way personal property is currently disposed of in divorce actions. ...” [Majority Opinion, p. 9]

1 think the majority has misread the scope of W. Va. Code, 48-2-15,…

2Cases cited13 opinions

  1. Goff v. GoffWest Virginia Supreme Court · 1906
  2. Murredu v. MurreduWest Virginia Supreme Court · 1977
  3. State ex rel. Hammond v. WorrellWest Virginia Supreme Court · 1958
  4. Kinsey v. KinseyWest Virginia Supreme Court · 1958
  5. Wood v. WoodWest Virginia Supreme Court · 1943

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