Tarver v. Silver

It is always a matter of personal regret when my views of the law and facts of a case are not in concurrence with those of my colleagues. In this case I have such a profound respect for the character and ability of Mr. Justice Gilbert, who has prepared the opinion in behalf of the majority of the court, that after a most careful examination of the several features of the evidence and of the law applicable to his views it is extremely unpleasant for me to express an entirely different view, in dissenting from the holding of the majority that the judgment of the chancellor in not refusing to…