Jackson v. James

The prevailing opinion presents a tenable position, but in view of the language of our act and the purposes thereof, I cannot agree that it correctly states the law in this jurisdiction.

Section 71 of the act states in specific language:

“Until the department shall have issued such new certificate * * * delivery * * * shall be deemed not to have been made.”

I cannot conceive of language which can be much more unequivocal. The prevailing opinion states that the word “deemed” is not as positive as the language could be made. I think the word was deliberately chosen because the legislature could…