Eley v. Benedict

Dissenting Opinion.

Royse, J. —

Because of my profound respect for the great learning and ability of my colleagues on this court, it is with real trepidation and hesitancy that I venture to dissent from the prevailing opinion in this cause. It is only upon the most urgent persuasion of my conscience that the majority opinion is in direct conflict with my conception of the duty of this court in such eases as here presented, that I am impelled to voice disagreement with their decision.

It is my understanding that this court and other similar tribunals, in considering questions similar to that…