Hill v. Varner

'I am of the opinion that the judgment should be reversed and the case remanded for further proceedings.

I am unable to agree, however, on the matter of costs and believe that the defendant should recover costs, being the prevailing party in this court.

I am not only unable to agree with Mr. Justice HENRIOD that the testimony of defendant is entirely unworthy of belief, but I am likewise out of accord with the opinions of Mr. Chief Justice McDON-OUGH and Mr. Justice CROCKETT. In my opinion plaintiff’s counsel on cross examination elicited testimony sufficient to support a judgment in…