State v. Justice

I concur in the result, but I do not agree that the case of Nuttallburg Smokeless Fuel Co. v. First National Bank of Harrisville, 89 W. Va. 438, 109 S. E. 766, is authority for any point decided in this case. In the Nuttallburg case the Court was dealing with the verity rule as applied to an officer’s return of service of process and did not in any way discuss or consider the verity of entries made in the law and chancery books of a trial court.

The Nuttallburg case creates a very narrow exception to the rule relative to the verity of an officers return of service, as will be seen from the…