Legal Opinion · Dissent

Lamb v. Kroeger

Supreme Court of Iowa

Decided March 9, 1943No. 46214Published

1DissentSmith, J.

(dissenting) — I am unable to concur. The majority opinion correctly states, as the sole question to be determined, Was appellee an honorably discharged soldier of the Avar Avith Germany? — but proceeds to ansAver it in the negative. I would affirm the decision of the trial court and answer the question in the affirmativ’e.

The majority opinion starts Avith Webster’s definition of the Avord “soldier.” I prefer to take the definition of the United States Government, made in the very act of administering the selective-service act.

The language of the exemption statute should be presumed to haAre…

2Cases cited5 opinions

  1. John Hancock Mutual Life Insurance v. LookingbillSupreme Court of Iowa · 1934
  2. Simmons Warehouse Co. v. Board of ReviewSupreme Court of Iowa · 1940
  3. Hurley v. CrawleyCourt of Appeals for the D.C. Circuit · 1931
  4. Bannister v. the Soldiers' Bonus BoardSupreme Court of Rhode Island · 1921
  5. Zearing v. JohnsonCalifornia Court of Appeal · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API