State Ex Rel. State Road Commission v. Consumers' Gas & Oil Co.

I am in accord with the Court’s decision in this matter, but not with the mental process by which that decision was reached. I do not believe that this opinion can logically be reconciled with that in State v. Wooldridge, 129 W. Va. 448, 40 S. E. 2d 899, nor in principle distinguished therefrom in the manner that the Court has undertaken. As I specifically point out in my dissent in the Wooldridge case, this Court held in State v. Tate, 125 W. Va. 38, 22 S. E. 2d 868, that the absence of an order making a bill of exceptions part of the record could not be cured by an order nunc pro tunc. See…