Wilson v. Nelson

Concurring Opinion by

Mr. Chief Justice Bell:

I believe very strongly that it is a wise policy for an Appellate Court to erect clear, definite, wise and unvarying standards in order to prevent confusion among the Bench and Bar. In discussing an “abuse of discretion” by the lower Court, this Court has from time .to time used five different tests: abuse of discretion, clear abuse of discretion, palpable abuse of discretion, manifest abuse of discretion, and gross abuse of discretion. This is both unnecessary and inadvisable. We should adopt one standard for each and all of these cases, namely, a clear abuse of discretion, which I continue to strongly recommend.

I concur in the result.