Shaw v. McShane

The history of this case in the Court of Civil Appeals presents a rather unique situation. It is disclosed in the opening statement by Justice Hodges in his. opinion on rehearing, where this observation is made: “It seldom happens that the writer of an opinion disposing of a case on appeal is the only member of the court who, upon further consideration, questions the soundness of that opinion. But that has occurred in this case. The writer is now the only member of this court who thinks the conclusions stated in the original opinion are incorrect. Further consideration of the questions…