Smith v. Parker

CourtListener 7470791ScctappDec 15, 1861

Full text

The opinion of the Court was delivered by

O’Neall, C. J.
The point, in this case, was decided by the Bank vs. Della Torre, 2 Sp. 501.

The point there decided did not then meet with my concurrence, as will be seen by my dissent, at 512. That expressed my own opinion then and now, and I am happy to have the concurrence now of my brother Johnstone in the same view.

We, however, think while we should be ready to overrule that decision, in a full Court, that it is better now to be governed by it.

The motion is therefore granted.

Johnstone, J., concurred.

Motion granted.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.