Continental Casualty Co. v. Goodwin

I think the majority opinion is wrong on both reason and authority, (1) because the trial court literally followed the mandate and order of this court, as was1 its duty, and (2) because the error, if any, in following the order of this court was harmless and did not affect the substantial rights of the defendant.

1. Our system of jurisprudence requires that the trial courts follow the orders of the appellate courts, for, as is well stated by one of the courts, “Is it for the judge below to refuse to obey the order because he thinks the Supreme Court erred? That would be judicial…