Roe v. M & R PIPELINERS, INC.

I agree with many of the points discussed in the majority decision concerning the general application of presumptions. However, it is not necessary nor proper to consider the application of those rules in this ' case, because a presumption never arose from the facts established by the evidence. I, therefore, respectfully dissent from the majority opinion because the evidence in this case is to the effect that no order of attachment was ever issued.

The clerk’s docket discloses that the complaint instituting the action and the affidavit for an attachment *622were filed and summons was issued on…