Fischer v. United States

DISSENTING OPINION

Cole, Judge:

While I am in sympathy with the objective sought to be accomplished by the majority, i. e., to require, if possible, the appraiser to indicate upon the official papers what particular statutory value he found in his official appraisement, I most respectfully disagree with the conclusions reached herein.

*431The majority opinion upholds the action of the trial court in denying plaintiff’s motion to restore the cases to the calendar for a de novo appraisement by the court, thereby affirming the consideration of the case by the trial judge, as following the intent of the…