Harding v. Brown

Dissenting Opinion

Sullivan, J.

I must respectfully dissent from the majority opinion. Basically, the cause appealed presents two questions. First: Was appellant Harding’s motion for change of judge timely filed? Second: Was appellants’ appeal timely perfected?

*534I concur with the conclusion of my associates that the motion for change of judge was timely filed but since such conclusion is dictum, its reasoning need not be considered here.

With reference to the basic question concerning the propriety of a motion for new trial in this cause, it is readily conceded that such motions have been held…