Layton v. Flowers, D329-522
| Decision Date | 13 January 1964 |
| Docket Number | No. 18153,No. D329-522,D329-522,18153 |
| Citation | 243 S.C. 421,134 S.E.2d 247 |
| Court | South Carolina Supreme Court |
| Parties | In Re Bradley A. LAYTON, Plaintiff-Respondent, v. Arthur Lee FLOWERS and One 1957 Chevrolet Bearing 1962 S. C. License; of which said 1957 Chevrolet is, Defendant-Appellant, F. H. Rimer, Intervenor-Appellant, |
Herbert & Dial, Columbia, for appellant.
Nelson, Mullins, Grier & Scarborough, Columbia, for respondent.
This action for damages arose out of automobile collision caused by the negligence of one Flowers in the operation of a 1957 Chevrolet automobile. Flowers defaulted and appellant, a subsequent purchaser of the Chevrolet, intervened. He interposed the defense of bona fide purchaser for value without notice against the collision lien claimed by respondent under Sec. 45-551, Code of 1962. This plea was overruled by the trial court upon the authority of Tate v. Brazier, 115 S.C. 283, 105 S.E. 413. Appellant recognizes that this decision is athwart his contention that the plea of bona fide purchaser of an automobile is good against a collision lien claimant but urges that we now overturn that decision upon the ground that it was erroneously decided.
We are impressed by the ability and diligence of counsel in advocating the cause of his client. However, the statute, as construed, in Tate, has, with the implied approval of the legislature, been the law of this State for more then forty years. When a statute which has been construed by a court of last resort is included in a codification of laws thereafter adopted, without significant change in phraseology, the presumption is that the legislature intended to adopt such construction. 50 Am.Jur., Statutes, Sec. 455; 82 C.J.S. Statutes § 385 c. While this is not an invariable rule, the presumption in this instance is strengthened by the passage of time and by an amendment and re-enactment of the statute in 1942 *, which simply broadened its coverage by including damages for wrongful death. 82 C.J.S. Statutes § 370 b. We think that it would exceed the bounds of proper judicial restraint to overturn a construction judicial has had implied legislative sanction through the inclusion of the statute in five successive codes and its re-enactment in 1942, all without significant amendment.
It is well settled that the doctrine of stare decisis is especially applicable to decisions construing statutes because any desirable change may be readily accomplished by the legislature. Powers v. Powers, 239 S.C. 423, 123 S.E.2d 646; 21 C.J.S. Courts § 214.
The Chevrolet in question was seized by a credit company and sold in its wrecked condition to a motor...
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Planned Parenthood S. Atl. v. State
... ... is free to correct us if we misinterpret its words ... Layton v. Flowers , 243 S.C. 421, 424, 134 S.E.2d ... 247, 248 (1964). However, the doctrine is at ... ...
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Planned Parenthood S. Atl. v. State
...of statutory interpretation because the legislature is free to correct us if we misinterpret its words. Layton v. Flowers , 243 S.C. 421, 424, 134 S.E.2d 247, 248 (1964). However, the doctrine is at its weakest with respect to constitutional questions because only the courts or a constituti......
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McLeod v. Starnes
...of statutory interpretation because the legislature is free to correct us if we misinterpret its words. Layton v. Flowers, 243 S.C. 421, 424, 134 S.E.2d 247, 248 (1964). However, the doctrine is at its weakest with respect to constitutional questions because only the courts or a constitutio......
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Rimer v. State Farm Mut. Auto. Ins. Co., 18512
...time for answering the complaint was extended, pending final disposition of these motions. This case is the aftermath of Layton v. Flowers, 243 S.C. 421, 134 S.E.2d 247, which was an action for damages arising out of an automobile collision caused by the negligence of Flowers in the operati......