Legal Opinion · Dissent

Polk County, Georgia v. Lincoln National Life Insurance Company

Court of Appeals for the Fifth Circuit

Decided January 13, 1959No. 17234_1Published

1DissentHutcheson, Chief Judge

As I understand the decision of the majority, it does not hold that in Floyd County v. Scoggins, 164 Ga. 485, 139 S.E. 11, 53 A.L.R. 1286, from which it takes its shibboleth, its “Thou shalt not pass”, the Supreme Court of Georgia had before it for decision or undertook to decide “the precise point in controversy” here and that, therefore, it has “binding effect as a precedent therein,” within the true meaning of precedent as pointed out in the majority opinion quoting from 35 C.J.S. Federal Courts § 176, p. 1260.

If, in the light of the undisputed facts of that case and of this, as they are…

2Cases cited14 opinions

  1. Hawks v. HamillSupreme Court of the United States · 1933
  2. New York Life Ins. Co. v. SchlatterCourt of Appeals for the Fifth Circuit · 1953
  3. Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
  4. Floyd County v. ScogginsSupreme Court of Georgia · 1927
  5. Lower Colorado River Authority v. Chemical Bank & Trust Co.Court of Appeals of Texas · 1945

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