Legal Opinion · Dissent

State ex rel. Morrison v. Freeland

West Virginia Supreme Court

Decided February 26, 1954No. 10631; No. 10632Published

1DissentHaymond, Judge

I respectfully but emphatically dissent from the holding of the majority as expressed in point 1 of the syllabus in these cases. In my opinion the legal proposition there enunciated is manifestly unsound in principle and is completely unsupported by any applicable convincing text or case authority.

Though the precise question whether a public officer who is a member of a municipal council or other administrative board or tribunal composed of, several members, all of whom are public officers but each of whom holds or occupies a separate public office, may, as a person interested, under Section…

2Cases cited13 opinions

  1. Newman v. United States Ex Rel. FrizzellSupreme Court of the United States · 1915
  2. Toncray v. BudgeIdaho Supreme Court · 1908
  3. Hockman v. County Court of Tucker CountyWest Virginia Supreme Court · 1953
  4. Slater v. VarneyWest Virginia Supreme Court · 1951
  5. State ex rel. Depue v. MatthewsWest Virginia Supreme Court · 1898

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