Walton v. Benton

Article 7, section 20, of the banking act of 1919 (Ga. L. 1919, pp. 135, 160) offends article 1, section 1, paragraph 3, of the constitution (Code, § 2-103), and is invalid. None of the decisions of this court thereon, concurred in by only four Justices, are binding upon us. In view of the confused and uncertain state of the law upon this question, no one could have been led to rely upon such decisions as permanently fixing the law; hence there is no occasion for applying the doctrine of stare decisis.

Nos. 13559, 13560. FEBRUARY 3, 1941.

On July 3, 1940, an execution issued on September 8,…