Fleischman v. Walker

The motion in this case to dismiss the appeal raises the same question considered by the court in the opinion filed at this term in Young v. Stearns, ante, p. 221. We are urged to reconsider the decision announced in that case; and, impelled by a consideration of the importance of the question involved to the profession and to litigants, rather than by any perceived difficulty in its solution, we will, without repeating the argument upon which that decision is based, refer to the additional points suggested by appellant in his brief filed in opposition to this motion.

The point is made, that…