Tolliver v. City of Newark

The syllabus approved by the majority is not strictly responsive to the reasoning and conclusions contained in the opinion. The opinion controls the syllabus, the latter being merely explanatory of the former. The decision of the case must be based upon the facts as disclosed by the record. Therefore, this dissenting opinion will be directed to the decision of reversal and the reasoning and conclusions contained in the opinion.

It is stated in the opinion that:

“The question for decision under Section 3714, Gen-' eral Code, is limited to-whether the defendant was maintaining a nuisance by…