Coffin v. Maitland

The concurring opinion states: “It (the majority opinion) does not overrule the quoted language, but holds merely that it is too restrictive * * * .” The majority opinion is that the quoted language in Armstrong v. Griffith, 94 Neb. 515, 143 N. W. 461, “is too restrictive and in so far as it conflicts with the correct rule hereinafter stated in this opinion, it is overruled.” The syllabus point, written by the majority, is that the case is “distinguished and overruled in part * * * .” The language used is not so. important. The majority opinion does overrule that part of the Armstrong case…