Rogers v. Mellon

GIVENS, J.,

Dissenting. — This case was formerly before this court and judgment for respondent was reversed. (Rogers v. Davis, 39 Ida. 209, 228 Pac. 330.)

Assignments of error 1 to 14, inclusive, and 21, are based largely upon the issues involved in In re Barr, ante, p. 400, 252 Pac. 676, also before this court, decided January 6, 1927. From the conclusion reached in that case it appears that for the purposes of this action E. J. Rogers was a duly and legally acting administrator of the estate of Harry Barr, and whose appointment by the probate court of Power county because of lapse of time had…