Judges: PER CURIAM.
Attorneys: John A. Bouvier, Jr., and W.M. O'Bryan, for Plaintiff in Error;
Morton B. Adams, for Defendant in Error.
Filed: Feb. 09, 1940
Latest Update: Mar. 02, 2020
Summary: In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. 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 the said ju
Summary: In this cause Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD and Mr. Justice CHAPMAN are of the opinion that the Judgment of the circuit court should be reversed, while Mr. Justice BROWN, Mr. Justice BUFORD and Mr. Justice THOMAS are of the opinion that the judgment should be affirmed. 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 the said jud..
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A rehearing having been granted in this muse and it having been further considered upon the record and upon be briefs of counsel for the respective parties, it is thereupon ordered and adjudged by the Court that the judgment entered herein on February 9, 1940, be and it is here by reaffirmed and adhered to on rehearing.
TERRELL, C. J., WHITFIELD, P. J., BROWN, BUFORD, CHAPMAN and THOMAS, J. J., concur.
