Garvin v. Pettigrew

I respectfully dissent to the majority opinion for the reasons hereinafter set forth. It clearly appears to me that the judgment entered by the trial court at the conclusion of several hearings on January 28, 1954, in favor of defendants below was correct, and that the subsequent granting of plaintiff’s motion for new trial was wrong, and was granted on insufficient grounds, amounting to an abuse of discretion, and that the order granting new trial should be reversed and the original judgment of the trial court in favor of defendants should be reinstated.

While in my opinion the case here on…