Withers v. . Stinson

Supreme Court of North Carolina
Withers v. . Stinson, 79 N.C. 341 (N.C. 1878)
Bynum

Withers v. . Stinson

Opinion of the Court

Bynum, J.

It was admitted by the counsel for the plaintiff that the case of Blum v. Ellis, 73 N. C., 293, was a decisive authority against him, but he seeks in a well prepared and considered argument to induce the Court to reconsider and reverse that decision. Blum v. Ellis, was a well considered case upon a review of the conflicting decisions of other Courts up to that time. The importance of adhering to decisions once solemnly made, and thus preserving a uniformity in the law, can not be over estimated; and nothing less than a clear conviction that the decisions are erroneous and ought to be overruled, will justify a' departure from them. Such a conviction has not been produced upon our minds by the able argument and the authorities of the plaintiff’s counsel. Nor can the Court, other things being equal, lose sight of a train of evils which must follow *343 a reversal of that decision, — evils which could not well be foreseenjby debtors or creditors, who alike supposed, and had the right to suppose, that a discharge in the Court of Bankruptcy was a final discharge from all preceding debts, then provable. There is error. Judgment reversed and proceedings dismissed.

Error. Judgment reversed.

Reference

Full Case Name
W. B. Withers, Ex'r v. G. W. Stinson.
Cited By
6 cases
Status
Published