County of Audrain Ex Rel. First National Bank of Mexico v. Walker

Separate CoNctjrriNG OpiNxoN.

ANDERSON, J.

— I concur fully in the opinion this day filed by the Honorable Waldo C. Maypield. However, because of the importance of the questions involved, I desire to record certain of my views in respect to the ease, and, therefore, am filing this concurring opinion.

Appellant insists that the trial court erred in failing and refusing to give its declaration of law in the nature of a demurrer to the evidence at the close of the whole case. Respondent contends that the trial court properly refused said declaration, and bases its right to an affirmance of the…