Elkhart County Department of Public Welfare v. Kehr

Concurring in Result

Kelley, J.

I arrive at the same conclusion as the majority opinion but by different paths.

The record in this appeal is woefully deficient in matters essential to a proper determination of the questions involved. The judgment of the court is based wholly On a stipulation entered into by certain named parties, one being the appellant herein and another being the administrator of decedent’s estate, who purported to act on behalf of the widow of decedent. The widow, herself, did not. join in the stipulation.

The stipulation undertakes to establish, in substance, the following…