Shirey v. Schlemmer

This matter comes to us on the Appellant’s Petition for Transfer and request for oral argument on said Petition. We granted the request for oral argument, reserving a ruling on said Petition until after the oral argument, which now has been had. Pursuant to § 4-214 of Burns’ Ind. Stat. Anno., we now grant the Petition to Transfer on the ground that the decision and majority opinion of the Appellate Court (1967 — 223 N. E. 2d 759) [140 Ind. App. 606] is erroneous and contravenes a line of decisions of this Court, as hereafter will be made to appear.

There was a dissent without opinion by Judge…