Legal Opinion · Dissent

Earnest v. Little River Land & Lumber Co.

Tennessee Supreme Court

Decided September 15, 1902Published

FROM SEVIER. Appeal from Chancery Court of Sevier County. John P. Smith, Chancellor. ' -

1Dissent

DISSENTING OPINION.

Mr. Justice Wilkes

delivered the following dissenting opinion.

I earnestly, but respectfully dissent from the views of the majority in this case. The holding is contrary to that in Coal Creek Consol. Coal Co. v. East Tennessee Iron & Coal Co., 105 Tenn., 563 (59 S. W., 634), which, was the unanimous opinion of the whole court in a case where the questions considered were directly involved. It is now proposed to overrule that case by an opinion concurred in by a bare majority of three; Justice Neil being incompetent, though prob-' ably holding the view of the majority.

The…

2Cases cited10 opinions

  1. Leffingwell v. WarrenSupreme Court of the United States · 1862
  2. Pillow v. RobertsSupreme Court of the United States · 1852
  3. Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
  4. Bicknell v. ComstockSupreme Court of the United States · 1885
  5. James Greenleaf's Lessee v. BirthSupreme Court of the United States · 1832

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