Legal Opinion · Dissent

State Ex Rel. Stollings v. Gainer

West Virginia Supreme Court

Decided November 20, 1969No. 12862Published

1DissentCalhoun, Judge

Respectfully, I dissent from the decision embodied in the majority opinion in this case.

The case was submitted to the Court of Claims upon testimony taken on November 3, 1966, before an assistant to the state attorney general pursuant to the then-existing provisions of Article 2 of Chapter 14, Code, 1931, as amended. Before a ruling was made by the office of the attorney general in relation to the claim, the legislature, in 1967, repealed and reenacted the Code provision referred to above so as to create the Court of Claims and to clothe it with broad powers, duties and responsibilities in…

2Cases cited4 opinions

  1. State Ex Rel. Appalachian Power Co. v. GainerWest Virginia Supreme Court · 1965
  2. State Ex Rel. Cashman v. SimsWest Virginia Supreme Court · 1947
  3. State ex rel. Wilson v. County Court of Barbour CountyWest Virginia Supreme Court · 1960
  4. Esso Standard Oil Company v. KellyWest Virginia Supreme Court · 1960

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