Legal Opinion · Dissent

Board of Regents v. Ellis

Supreme Court of Kansas

Decided October 8, 1949No. 37,422 and 37,007Published

1DissentThiele, J.

I dissent from the last sentence of paragraph 8 of the syllabus and the corresponding portion of the opinion for as I see it this court in reaching the conclusions there stated has failed to follow established rules of appellate practice, and to follow its own decisions. While I do not believe that adherence to the doctrine of stare decisis is always compelled, I do believe that former decisions should be adhered to in the absence of sound reason to the contrary and that if the former decisions are wrong and are not to be followed, the reasons why they are so should be pointed out and the…

2Cases cited16 opinions

  1. Menke v. DuweSupreme Court of Kansas · 1924
  2. Keeler v. LauerSupreme Court of Kansas · 1906
  3. Proctor Trust Co. v. NeihartSupreme Court of Kansas · 1930
  4. McCracken v. WrightSupreme Court of Kansas · 1945
  5. State ex rel. Minnesota Loan & Trust Co. v. Probate CourtSupreme Court of Minnesota · 1915

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