State ex rel. Smrha v. Cosmopolitan Old Line Life Insurance

I respectfully dissent from the last opinion adopted by a majority of the court. This is a most difficult case. It was ■first argued to this court on April 4, 193Í), with five judges sitting, two of our number being disqualified.

The court failing to adopt an opinion by the vote of four of the five judges sitting, it was reargued on June 8, 1939, with District Judges Lightner and Landis sitting as members of the court, and an opinion was adopted, and released September 29, 1939, which is found in 136 Neb. 833, 287 N. W. 654, in which two members dissented, and in which •opinion a full…