Legal Opinion · Dissent

Norfolk & Western Railway Co. v. County Court of Mingo County

West Virginia Supreme Court

Decided June 17, 1941No. 9201Published

1DissentFox, Judge

This is a case which involves questions of public policy, and the interpretation and application of constitutional provisions, all of vital importance to the people of the state, and to every county, school district and municipality within its borders. I regard as unfortunate the fact that the decision of the majority is based entirely on jurisdictional questions not going to the merits of the controversy. Therefore, this dissent.

This case represents the first frontal attack on Section' 1, Article X of the Constitution, known as the Tax Limitation Amendment. If once the bars are lowered so…

2Cases cited9 opinions

  1. Honaker v. Board of EducationWest Virginia Supreme Court · 1896
  2. Lawson v. County Court of Kanawha CountyWest Virginia Supreme Court · 1917
  3. Shonk Land Co. v. JoachimWest Virginia Supreme Court · 1924
  4. State Ex Rel. Huddleston v. County Court of McDowell CountyWest Virginia Supreme Court · 1924
  5. Ruffner v. DunlopCourt of Appeals of Georgia · 1924

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