Benavides v. Orth.

October 5th this Court handed down an opinion affirming the judgment of the trial court, but upon motion for rehearing a majority granted the motion and dismissed the proceeding. To this action the writer files this, his dissent.

The notice of contest filed before the committee (of which enough is herein quoted to show its sufficiency) was answered by Benavides, not by a plea to the jurisdiction, but by demurrers, general and special. The cause was heard before the committee and decided in favor of Orth, to which action Benavides appealed to the district court. After the statutory period of…