Slagle v. Valenziano

Concurring Opinion

Hunter, J.

I believe that under the recent opinions handed down by our Supreme Court concerning dismissal of causes as referred to in the opinion of my associate Judge Pfaff that this court can only interpret said opinions as above set forth, i.e.,

“That a court has no inherent or common law power to dismiss an action except for lack of jurisdiction and that an involuntary nonsuit may not be ordered in the absence of _ statutory authority:” State ex rel. Hurd v. Davis (1949), 227 Ind. 93, 84 N. E. 2d 181; Wayne Pump Co. v. Gross Income Tax Div. (1953), 232 Ind. 147, 110 N. E.…