Howell v. Howell Stevens v. Stevens

The majority — as I read the opinion — is holding (a) that all of Act 42 of 1947 (hereinafter referred to as "Act 42") is void because of Section 4 of the Act, and (b) that the Second Division of the First Chancery District is not even a de facto court, and that Judge Ruth F. Hale, Chancellor of the court, is not even a de facto judge. The effect of this holding is to render void ab initio all of the judgments and decrees that Judge Hale has rendered. The majority option is sweeping and far reaching; I dissent from each and both of the conclusions reached by the majority.

The Legislature…