Legal Opinion · Dissent

Illinois Building Co. v. Patterson

Supreme Court of Colorado

Decided September 26, 1932No. 12,372Published

1DissentJustice Butler

Because the decision and the reasons assigned therefor depart from what seems to me to be sound legal principle, it is impossible for me to concur therein. The far-reaching effect of the decision justifies, indeed calls for, a statement of the reasons for dissent. There are two reasons. They will be stated and discussed in their order.

1. Confusion in terminology, unfortunately occurring in some of our opinions, has produced a confusion of ideas, and that in its turn, has resulted, it is submitted, in an erroneous construction of our' statute concerning chattel mortgages.

Under its contract…

2Cases cited30 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Heryford v. DavisSupreme Court of the United States · 1880
  3. United States v. New Orleans RailroadSupreme Court of the United States · 1871
  4. Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
  5. A. H. Andrews & Co. v. Colorado Savings BankSupreme Court of Colorado · 1894

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