Legal Opinion · Dissent

Burgess v. State Road Commission

West Virginia Court of Claims

Decided July 22, 1943No. 152, 153, 154, 155, 156, 157Published

1DissentRobert L. Bland, Judge

Since I do not concur in the above awards in the aggregate sum of $21,000.00 it becomes my mandatory duty to state the reasons for my nonconcurrence. If it be said that a dissent is but an “idle gesture” I answer that it should not be so treated when it deals with a proposed appalling appropriation of the public revenue. The requirement in the court act of a dissenting opinion is a wise provision. It is intended to give notice to the Legislature that the members *146of the court who have investigated the claim in question are not in agreement as to the proper recommendation to be made for its…

2Cases cited3 opinions

  1. Woodall v. DarstWest Virginia Supreme Court · 1912
  2. Mahone v. State Road CommissionWest Virginia Supreme Court · 1925
  3. Wells v. County Court of Marion CountyWest Virginia Supreme Court · 1920

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