Legal Opinion · Dissent

Ex parte France

Indiana Supreme Court

Decided June 21, 1911No. 21,832Published

Original petition by J. Fred Prance, as Clerk of the Supreme Court, for directions as to his duty under the act of 1911 (Acts 1911 p. 201).

1Dissent

*104Dissenting Opinion.

Morris, J.

I cannot concur in the opinion of the majority of the court in this cause, and the importance of the statute, held by the majority to be unconstitutional, as well as the legal questions presented, impels me to state the reasons for dissenting, in an opinion of unusual length.

Inasmuch as the act of 1901 (Acts 1901 p. 565, §1337a et seq. Burns 1901) defining the jurisdiction of the Supreme and the Appellate Court, as amended in 1907 (Acts 1907 p. 237, §§1392, 1393 Burns 1908), is held valid, it will be instructive first to ascertain just what changes in the act of…

2Cases cited89 opinions

  1. The Paquete HabanaSupreme Court of the United States · 1899
  2. Durousseau v. United StatesSupreme Court of the United States · 1810
  3. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  4. Branson v. StudabakerIndiana Supreme Court · 1892
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusIndiana Supreme Court · 1893

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