dissenting:
I must respectfully dissent from the majority holding in this case based upon my view regarding frivolous procedural technicalities, particularly when a litigant is penalized because of an error of a lawyer which in no way goes to the merits of the case or causes prejudice to the other side, as expressed in my opinions in Rosier v. Garron, Inc., W. Va., 199 S.E.2d 50 (1973); Roe v. M & R Pipeliners, Inc., W. Va., 202 S.E.2d 816 (1973); and Dawson v. Canteen Corp., _W. Va. _, 212 S.E.2d 82 (1975). Law should not be a game of “Mother may I!”