Judges: BUFORD, J.
Attorneys: J.C. Getzen, Jr., and T.H. Getzen, for Appellant;
T.G. Futch, W.T. Hall, P.B. Howell and Carroll W. Fussell,
for Appellee.
Filed: Oct. 18, 1940
Latest Update: Mar. 02, 2020
Summary: In this cause Mr. Chief Justice TERRELL, *Page 44 Mr. Justice WHITFIELD and Mr. Justice THOMAS are of opinion that the order of the circuit court in this cause should be affirmed while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice CHAPMAN are of opinion that the said order should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whethe
Summary: In this cause Mr. Chief Justice TERRELL, *Page 44 Mr. Justice WHITFIELD and Mr. Justice THOMAS are of opinion that the order of the circuit court in this cause should be affirmed while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice CHAPMAN are of opinion that the said order should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as to whether..
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Although I agree with the principles of law announced in the opinion adopted by a majority of the Court, I cannot reach the conclusion, after a careful examination of the record, that the circuit judge should be reversed, because, applying the rules announced, I think he arrived at a just decision.
TERRELL, C. J., and WHITFIELD, J., concur.
