Elliott v. McCombs

HOUSER, J., Dissenting.

I dissent.

The appeal from the judgment which was rendered herein in the lower court was originally determined by the District Court of Appeal for the Fourth Appellate District. Thereafter, a petition for hearing in this court was granted, particularly for the purpose of giving more careful consideration to certain points of law than was practicable at the time this court considered the petition for hearing of the appeal herein. Following the submission of the cause and taking into account the points and authorities submitted in the additional briefs which were filed by…