Fisher v. Driskell

*33On Petition for Rehearing on Motion to Dismiss

Crumpacker, C. J.

Feeling that no appeal to this court should be dismissed upon purely technical grounds unless ruling precedent constrains us to do so we denied, without comment, the appellee’s motion to dismiss. To that ruling Royse, J., dissented in writing during the course of which he sought to make it appear, wholly without relevance to the validity of the ruling, that Bowen, Kelley, Pfaff and Crumpacker, JJ., are presently inconsistent with their past positions on the same question involved herein. That, of course, is not the fact as in…