Aetna Securities Co. v. Sickels

DISSENTING OPINION

Bowen, C. J.

— I cannot agree with the majority opinion in this case. The appellants herein had originally successfully defended the action in the lower court. On appeal by reason of their failure to file a brief, the Supreme Court reversed their judgment on the grounds that the Sickels’ brief made a prima facie showing of error. Sickels, et al. v. Aetna Securities Co., et al. (1942), 220 Ind. 347, 41 N. E. 2d 947.

The mandate of the Supreme Court in the original case was: “The Morgan Circuit Court will set aside its order granting a new trial on the issue formed on the…