Barkis v. Bell

Harris, C. J. and Ward, J.,

(dissenting). It is not entirely clear on Avhat ground the majority opinion is based. It is indefinite in that it reverses the trial court for one of three reasons Avithout specifying any particular reason. Nevertheless, for reasons hereafter set out, I am unable to agree Avith the result reached by the majority.

1. The decision of the trial court was based on appellee’s motion to strike appellant’s answer which (as conceded by the majority) was filed two days late. That is the order from which appellant prosecutes this appeal. Appellant did not at any time ask the…