Robertson v. Mississippi Valley Co.
Mississippi Supreme Court
Appeal from the circuit court of Yalobusha county. Hon. J. L. Bates, Judge. Proceeding by States V. Robertson, -State Revenue Agent, against the Mississippi Valley Company. Prom a judgment for defendant, the revenue agent appeals. The facts are fully stated in the opinion of the court.
1DissentSteveits, J.
The court, to escape an embarassing situation, falls into grievous error. Both the opinion and the conclusions reached by the court in this ease are wrong. Error is multiplied; but the most important and the most grievous error is the position which the court now for the first time takes and announces to the effect that a previous decision by an equally divided court “is a judicial precedent and should be followed.” This announcement is contrary to the history of the doctrine of stare decisis and is opposed by reason and authority. Such a declaration is unsupported by any decision in the…
2Cases cited21 opinions
- Hertz v. WoodmanSupreme Court of the United States · 1910
- State ex rel. Hampton v. McClungSupreme Court of Florida · 1904
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Griffith v. AlcockeSupreme Court of Louisiana · 1904
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