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Updated: June 29, 2025
It seems that this consideration pressed upon at least one of the judges, who joined in that decision; for in a subsequent case, when Kerper v. Hoch was cited, that Judge, with characteristic candor, interrupted the counsel with the remark: "We will abide by the rule, but it was erroneously decided."
A volume, indeed, might be written on Kerper v. Hoch and its satellites, when if the act had been let alone to speak for itself, and the prior decision followed, it would have been a simple and intelligible rule of action, until the legislature saw fit to alter it.
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