Walker, Et Vir. v. Smith, Eat Al.

(dissenting in part). — I concur in the foregoing opinion and judgment except as to the holding that the third and fourth counts of the declaration, claiming damages by the husband for the damage done to his automobile could not properly be embraced in this suit, and that the court below was therefore justified in sustaining the demurrer to these two counts. It is true, as pointed out by Mr. Justice Buford in the majority opinion, that the amount claimed by the husband in each of these two counts was for a sum less than the jurisdiction of the Circuit Court. It is also true that the damages…