Missouri Pacific Railway Co. v. Preston

Recognizing to the fullest extent the importance of uniformity and harmony in the decision of this court, and especially in the matter of practice, I dissent from the doctrine announced in the fourth paragraph of the syllabus and the corresponding portion of the opinion.

Realizing the effect of this decision to be forever to put at rest the question of the power of a judge pro teto. in the settling of a case-mad.e for this court, in the absence of further legislation, yet I deem the decision made so utterly and entirely at variance with a correct interpretation and construction of the…