State Ex Rel. Trachsel Motor Car Co. v. Trimble

(concurring in part) : — I concur in the opinion of my learned brother, except in regard to a reference in Paragraph I therein, which implies a right on the part of this court to review other than the Court of Appeals’ opinion to determine the existence of a conflict of that court’s ruling with our decisions.

No such right exists, nor has it ever existed. Recognition has loosely been given to such a right in discussing the question of a conflict in several former opinions. In these cases the source and limit of our authorty is ignored and it is sought to be assumed that our power of review of…