Creekmore v. Izard

I am strongly of the opinion that under the authority of the two Block cases,1 the decree of the Chancery Court herein should be affirmed in every respect, except as to the federal income tax returns. The first Block case was decided in 1959, and the second Block case was decided in 1961 ; and every matter presented in the present case was before us in those cases. I maintain that we should not overrule cases so recently decided. Trial judges will never know when to follow the rule of stare decisis if appellate judges change the holdings with each subsequent case.

The volume containing the…