Raleigh County Bank v. Poteet
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Action by Raleigh County Bank against J. H. Poteet and others. Judgment for plaintiff, and defendants bring error.
1Dissent
Milder, President,
(dissenting)
I am of opinion not to concur. Concededly the opinion is against the great weight of authority, including the leading-case of Campbell v. Shields, 6 Leigh 517, a case directly in point, and other Virginia eases antedating the separation of the states, and as many times decided binding on us. The decision in Campbell v. Shields, was reached after the question involved had been a long time controverted in Virginia, and so far as I have found it was never thereafter questioned, until Rixey, Trustee v. Pearre Bros. & Co., 89 Va. 113, which makes no reference to the…
2Cases cited8 opinions
- Gregory v. WendellMichigan Supreme Court · 1878
- Hurst's Adm'r v. HiteWest Virginia Supreme Court · 1882
- Ward's Adm'r v. CornettSupreme Court of Virginia · 1895
- Arnold v. ArnoldWest Virginia Supreme Court · 1877
- Rixey v. Pearre Bros. & Co.Supreme Court of Virginia · 1892
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