Trapp v. Dykes

I am unable to agree with the opinion in this case, and desire to express my reasons for my dissent thereto.

I agree with the law as announced in the first and second paragraphs of the syllabus and disagree with the law as announced in the third paragraph of the syllabus for two reasons: First, in my opinion, it is not a correct statement of the law; and second, the law announced has no application to the facts as shown by the record before this court.

The authority of the county commissioners is limited, and under the provisions of section 26, art. 10, of the Constitution no county shall be…