Legal Opinion · Concurrence

Tildesley Coal Co. v. American Fuel Corp.

West Virginia Supreme Court

Decided November 11, 1947No. 9921Published

1ConcurrenceKenna, Judge

Upon examination I find that the usual text statement to the effect that a notary’s failure to state the date of the expiration of his commission does not invalidate a certificate of acknowledgment, ignores the wording of the statutes upon which the cases cited to sustain the text are based. See 1 Am. Jur. 358, 46 C. J. 520, John’s American Notaries, 20. Our statute, Code, 29-4-8, is much more precise and rigid than any other I have been able to find, with the single exception of Oklahoma where the statute makes failure to comply a misdemeanor and is, of course, construed as mandatory. Parks…

2Cases cited6 opinions

  1. Parks v. LyonsSupreme Court of Oklahoma · 1938
  2. Kansas City & Southeastern Railway Co. v. Kansas City & Southwestern Railway Co.Supreme Court of Missouri · 1895
  3. Byrd v. CochranNebraska Supreme Court · 1894
  4. Welton v. AtkinsonNebraska Supreme Court · 1898
  5. Bank of Christiansburg v. EvansSupreme Court of Virginia · 1935

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