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79 N.C. 341

Withers v. . Stinson

Supreme Court of North Carolina

Decided June 5, 1878

Supreme Court of North Carolina · decided 1878-06-05

C. P., § 256, heard on appeal at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The case agreed states: That the plaintiff recovered a judgment against defendant Stinson, in Mecklenburg Superior Court, on the 24th of July, 1871, upon a debt contracted before 1860,.which judgment was duly, docketed.

Cited by 2 later decisions — most recently October 1899

2 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-05

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Bynum, J.

¶1 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.

¶2 Error. Judgment reversed.

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