Southern Mill Creek Products Co. v. Delta Chemical Co.

The decision of the majority, which holds that the trial judge has departed from the essential requirements of law in denying petitioner’s motion to dismiss, seems to me to introduce a dangerous precedent into our *56practice. For that reason I am impelled to dissent and briefly set forth the grounds.

It will be noted that the trial judge is held to have departed from the essential requirements of law because he failed to grant a motion of the defendant for the production of a mechanical recording of a telephone conversation. The conversation which it is claimed was recorded by the plaintiff was…