McGuire v. McGuire

ENTREE

I must dissent from the majority holding in this case inasmuch as it sets the following very bad precedents:

1. It sets as a precedent that the Rules of Civil Procedure do not supersede procedural statutory provisions in conflict therewith.

2. It sets as a precedent the continued viability and use of §§ 24-9-101 through 24-9-103, W.S.1977, statutes which are unwieldy and inconsistent, statutes of questionable constitutionality, and statutes which were, first, superseded by Rule 71.1, W.R.C.P., and, then later, repealed by the legislature.

Since the procedure for condemnation provided in §§…