Osnes v. Morris

I concur in the end result reached by the majority, but on the narrow grounds that the matter at issue is foreclosed by this Court’s former opinion in Board of Church Extension v. Eads, 159 W.Va. 943, 230 S.E.2d 911 (1976). Although the majority concludes that the doctrine of res judicata is not applicable, it does so with no discussion of the principle. It is clear from Eads that the Court did discuss the issue of the right of a foreign corporation to hold land or bring an action in this State under W.Va.Code, 31-1-79 (1965), as demonstrated by Syllabus Points 5 and 6.1 In Syllabus Point 1…