Pepsi-Cola Bottling Co. v. Steel

John A. Fogleman, Justice.

I concur in the result but do not agree with the reasons stated therefor in the majority opinion. Neither do I agree with the applicability of the authority cited therein. It seems to me that the statute governing actions of the court after the expiration of the term is applicable here and that there is a possibility that a showing might have been made to support the action of the trial court in setting aside its earlier order.

I still would deny the writ. The original complaint was deficient in that the plaintiff had not been appointed administratrix, even though she…