Legal Opinion · Dissent

Commercial Nat. Bank v. Connolly

Court of Appeals for the Fifth Circuit

Decided September 6, 1949No. 12329Published

1DissentHolmes, Circuit Judge

We agree with the majority opinion that three of the judges of this court have the inclination to re-examine questions decided on the former appeal of this case, and that they have the power to do so; but inclination and power are not synonymous with law and justice; the decision of a court needs something more to recommennd it than the qualities of tyrrany; it -should be something that is an attribute to God Himself. Justice weeps if the law of the -case does not las-t long enough for the parties litigant to have an accounting under it; and the aphorism of the scholars is exemplified: Res…

2Cases cited38 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Helvering v. CliffordSupreme Court of the United States · 1940
  5. Helvering v. HorstSupreme Court of the United States · 1940

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