Martin v. Stillie

I am not entirely unsympathetic with the attitude of the majority of the court in this case. Nor am I unappreciative of the annoyance caused by its frequent appearance in this court. It seems that no matter what we do — like Banquo’s ghost — this Stillie case continues to haunt us and will not down. Again, it is like the scarlet spot on Lady Macbeth’s hand. To paraphrase the words of that conscience-bedeviled woman, we may re*300peat again and again: “Out, damned Stillie case. Out!” and yet it will not “out.”

I do not believe in the “nuisance” method of terminating litigation. It is not sound. So…