Bryan v. Pinney

WRIGHT, C. J.,

dissenting.—I cannot concur in the views of my associates in this case. The court in its opinion only passes upon the question of involuntary nonsuit. In this dissenting opinion, however, I have deemed it appropriate to consider the other important questions in the case, viz., the propriety of the court’s action below in allowing defendant to read the balance of the probate record of the administration of the estate of J. M. Bryan, deceased, without going into the evidence in chief. It is to be observed in the outset that in neither of the three bills of exceptions preserved was…