Black v. Sloss-Sheffield Steel & Iron Co.

At first, I thought I would concur in the opinion and decision, believing then that only a question of practice was involved, and that it was settled by the decisions cited by Justice THOMAS.

On reflection and further consideration, however, I find that the decision not only involves a question of practice, but it also involves and denies litigants in this court their clear statutory rights, and probably their constitutional rights. I further find that the decisions of this court cited do not authorize this decision. However, there are dicta and argumentative clauses in the opinion, which…