Terry v. Gresham

SIMPSON, Justice.

I dissent.

*355No law is declared or established, since only two’ agree with the opinion, the other two limiting agreement to the result, namely, reversing the trial court. I don’t think the law should operate to bring about that result, since there is no certainty as to the law- governing.

It will be my endeavor to rationalize a proper decision of the case, with certain well-established legal guideposts to set direction.

This is not a case where a court, having taken jurisdiction of a matter, tries to abdicate its powers in favor of another court. It is a case to revoke and annul…