Jordan v. Phillips

Syllabus 4 of the majority opinion is surplusage and has no place in the case at bar. The question is not before this court and voluntarily ruling upon a point of law which may only be anticipated can serve only the purpose of strengthening the position of my learned associates upon a question of law about which the court as now constituted has consistently dis7 agreed. My oath to uphold and defend the Constitutions of the State and Nation, and my interpretation of that sacred document compel me to reiterate my opinion as to Syllabus 4 on every occasion wherein the matter presents itself.

• As…