Gary Realty Co. v. Swinney

I dissent from both the law and the facts of the case as stated and declared by my learned colleague, who wrote the majority opinion.

The majority opinion on page seven erroneously states that appellant's contentions as disclosed by his assignment of errors, argument and brief may be reduced to these:

"1. The bond in suit is not the appeal bond that was filed by appellants in Gary Realty Co. v. Kelly et al., or, if so, it was never delivered so far as appellant here is concerned.

"2. The bond declared on, even if executed as alleged, does not conform to mandatory requirements of the Forcible…