Ford Motor Co. v. Fernandez

The opinion of the court was delivered by

Parker, J.

At the outset we are confronted by an anomaly in procedure. The ease was argued before us as though a writ of certiorari had been allowed by the Supreme Court, issued and returned, argument regularly had thereon, and judgment entered. The printed book shows a different state of things. There was a rule to show cause why such a writ should not issue, such rule returnable before the court in banc, and argued at the May term, 1934. As may be read in the opinion of the Supreme Court, counsel agreed at the argument, and with the consent of the…