Travelers' Fire Ins. v. Price

Ethridge, J.,

delivered a dissenting opinion.

I am unable to agree with the construction placed upon section 5196, Code of 1930, and think the majority decision is contrary both to the logical interpretation of the statute, and to the decisions of this court dealing with this section. There are, of course,- conflicts in the decisions upon the questions involved, but they grow out of cases in which the statute was not considered, being referred to neither in briefs of counsel nor in the court’s opinions. Consequently, these cases should not be considered authority for the construction thereof.

Bef…