Legal Opinion · Dissent

Funck v. Farmers Elevator Co.

Supreme Court of Iowa

Decided May 14, 1909Published

Appeal from Webster District Court. — Hon. C. Gr. Lee, Judge. This is a proceeding by mandamus to compel the transfer of stock upon the books of the defendant, company. Decree and. judgment for the- plaintiff, and the defendant appeals.

1DissentDeemer, J.

The right to have the last word is not a privilege to the fair sex alone, but is always safeguarded to' a dissenter from the conclusions of the majority of the court. It is a little strange to find those upholding the affirmative, building up a proposition by an attempt at the destruction of a negative; and it is still more strange to find the majority adopting the minority rule, and yet citing cases in support of it in favor of their *633conclusions; and it is still more unusual to find, in examining' the cases cited, that but a single one lends any support in what is actually decided to the…

2Cases cited14 opinions

  1. State ex rel. Page v. SmithSupreme Court of Vermont · 1876
  2. Morris v. . TuthillNew York Court of Appeals · 1878
  3. Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
  4. In re KlausWisconsin Supreme Court · 1886
  5. McMullen v. RitchieU.S. Circuit Court for the District of Northern Ohio · 1894

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