Legal Opinion · Dissent

Atwood v. State

Mississippi Supreme Court

Decided March 14, 1927No. 26122Published

1Dissent

Ethéidge, J.

(dissenting).

I think the present decision is in conflict with Carlisle v. Gunn, 68 Miss. 243, 8 So. 743. If there is a line of demarcation, it is exceedingly dim. I think that the administering of an oath with all the impressiveness of formality is a much safer practice than merely the signing of a person’s name to a paper.

The mischief growing out of the práctice of an affiant and an officer merely signing their names to a writing is well illustrated in Case v. People, 76 N. Y. 242, where affiant signed his name to a paper and sent it by a servant to a notary public, who signed…

2Cases cited6 opinions

  1. O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
  2. Markey v. StateSupreme Court of Florida · 1904
  3. Case v. . the PeopleNew York Court of Appeals · 1879
  4. Carlisle v. GunnMississippi Supreme Court · 1890
  5. Green v. BoonMississippi Supreme Court · 1880

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