Bell v. Jones

I dissent.

The prevailing opinion holds that plaintiff’s case cannot be considered on its merits because he failed in original complaint to allege that the debt on which he obtained his judgment was created for the purchase price of the property which defendant now claims as a homestead. Thus the case is decided on a technicality and not on its merits, and the entire object of the litigation is defeated. I believe that it is the duty of all courts, where possible, to decide cases on their merits and not on a technicality. This rule, in my opinion, will not only affect this case but as long as…