Northern Counties Investment Trust v. Hender

Hoyt, C. J.

(concurring).—In my opinion the conclusion of the majority of the court is inconsistent with the holding in McEachern v. Brackett and Warburton v. Ralph, referred to therein, and I think the better practice would have been to retain this case for hearing upon the merits, upon the authority of those. A construction of a statute relating to practice announced by this court should control decisions made thereafter as certainty is the important thing.

However, as the conclusion of the majority in this case is,-in my opinion the correct one, as shown by my dissent from the opinions in the case above referred to, I am content to concur in the result..