Benschoter v. Hakes

(dissenting) — I would affirm the- judgment appealed from, and therefore respectfully dissent from the majority opinion.

Section 10161, Code, 1939, set out in that opinion, is the statutory provision which the appeal requires the court to pass upon. In the Code of 1935, section 10161 thereof consisted of but the first sentence of the same numbered section in the 1939 Code. The section was amended to be as it appears in the latter Code, by the addition of the second and last sentence thereof, by chapter 235 (Senate File 203) of the Laws of the Forty-eighth General Assembly.

I. In ascertaining…