Atwood v. State
Mississippi Supreme Court
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
- O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Markey v. StateSupreme Court of Florida · 1904
- Case v. . the PeopleNew York Court of Appeals · 1879
- Carlisle v. GunnMississippi Supreme Court · 1890
- Green v. BoonMississippi Supreme Court · 1880
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