Waddell v. Cary

(dissenting) : The-appeal in this case was first heard at November session, 1928. For satisfactory reasons, the members of the Court being in disagreement, the case was, by the Court’s own action, set down for reargument at the January session, 1930, after a protracted delay. It was then argued, counsel for the respondent stressing the fact that the exceptions presented to this Court the single issue of alteration, as will be explained; that they did not present the issue argued by counsel for the appellants, of merger, or extinguishment. Counsel for the appellants evidently appreciated‘the…