Dale v. Jennings

A rehearing having been granted herein and the record and arguments having been again fully considered, the Chief Justice, Mr. Justice ELLIS and Mr. Justice TERRELL are of the opinion that the decree appealed from should be affirmed pursuant to the first opinion filed herein, while Mr. Justice WHITFIELD, Mr. Justice STRUM and Mr. Justice BUFORD are of opinion that the decree should be reversed in part as indicated by the separate opinions filed herein; therefore, the decree will be affirmed so that the appeal may be disposed of.

Where the members of the appellate court are equally divided in…