Fraser v. Willey
Supreme Court of Florida
Motion to vacate the judgment heretofore entered in this cause in this Court. The grounds of the motion are stated in the opinion.
1DissentBaltzell, Justice
The decision of the Court in this case is tiiat there is no obligation to deliver opinions where there is an affirmance of the judgment ■through an equal division of the justices. In this I do not concur, -conceiving that the law is imperative, and extends to and embraces v both in its letter and spirit all cases disposed of. Its language is .the justices “shall deliver opinions in all cases decided.”
The Court, however, says although there was a judgment there was no decision, and therefore the statute is inapplicable. I find no such distinction in any elementary work of the law, in any book…
2Cases cited5 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- State v. BosworthSupreme Court of Vermont · 1841
- Jacobs v. MoffattIndiana Supreme Court · 1834
- Mitchell v. State ex rel. Board of Trustees of the Union County SeminaryIndiana Supreme Court · 1834