Lord v. Hatcher

I am unable to agree with my associates in the holding that appellants’ motion for .rehearing should be refused.

When this appeal was originally decided by this court, I expressed to my associates my serious doubts of the soundness of their conclusion that the judgment of the trial court should be affirmed, but did not’ then enter my dissent.

Further investigation and reflection has convinced -me that the judgment of the trial court cannot be-affirmed without disregarding well-settled rules of decision by the courts of this state which illustrate and emphasize the power and duty of our courts…