United Cemeteries Co. v. Strother

This appeal was first heard in Division Number One, where separate and divergent opinions were prepared by Commissioners Hyde and Sturgis. Neither opinion being adopted, the cause was on motion of the members of that division transferred to Court en Banc and has here been reargued and submitted.

Upon this final consideration of the case we adopt as the opinion of the court the opinion referred to as prepared by Commissioner Sturgis, which is as follows: ;

“No question is made on this appeal as-to the consolidation of the two cases mentioned in the caption — one having for its object the…