State Ex Rel. Schenerlein v. City of Wheeling

I respectfully dissent from the conclusion reached by the majority of the members of the Court, and would affirm the judgment of the Circuit Court of Ohio County.

The fourth point of the syllabus embodies a sound and well-settled proposition of law, but I am unable to discern that it has any proper application to the facts of this case. By the fourth point of the syllabus, the Court holds that lack of jurisdiction appears on the face of the record and, therefore, the Court, on its own motion, takes notice thereof. I take the view that no question of jurisdiction is presented, particularly as…