Ward v. Studebaker Sales Corp.

CLARK, Circuit Judge.

The appellee here is in the embarrassing position of the small boy in the apple orchard. The farmer has pulled the ladder from under the tree. In the case at bar, the farmer is the United States Supreme Court and it has pulled the same ladder from under the various “inferior” Federal courts.1

That ladder was reliance upon the Supreme Court’s previous interpretation of Section 51 of the Judicial Code, 28 U.S. C.A. § 112, Southern Pacific Co. v. Denton, 146 U.S. 202, 13 S.Ct. 44, 36 L.Ed. 942. It is true that the majority of the High Court disclaim any intention of…