Sessler v. McDougall

DISSENTING OPINION.

Cooper, J.

I dissent from the majority opinion because I believe we should reverse this cause, remand and instruct the trial court to sustain the Appellant’s motion for a new trial.

I agree and believe the majority opinion correctly states the law applicable in this statement of the opinion:

*362“Appellees’ Exhibit ‘L’ was the complaint for divorce of the appellant’s former wife filed by her in 1937, charging as grounds, among others, that appellant was a habitual drunkard. This exhibit was admitted into evidence during the cross-examination of appellant and over his objection.

“App…