Burt v. Burt

I was not present when this case was decided, and did not participate in the consultation by my associates which resulted in the affirmance of the judgment. I have, however, in considering appellant’s motion for a rehearing, carefully examined the record and from this examination feel constrained to earnestly dissent from the conclusion of the majority of this court that the judgment of the trial court should be affirmed. I agree with the conclusion of the majority that the trial court did not err in overruling defendant’s general demurrer to the petition.

As stated in the majority opinion,…