Wilkes v. Davies

[dissenting).- — I am unable to agree with the conclusions of the majority as stated in the foregoing opinion, and, as I deem the questions discussed therein of great importance, shall at some length state the reasons which induce me to dissent therefrom.

Such conclusions are founded entirely upon the alleged fact that what was said by this court in the case of Wilkes v. Hunt was conclusive of the rights of the parties in the case at bar. If these conclusions had been put upon the ground that what was thus said had become a rule of decision for all cases presenting a similar state' of facts, I…