Liberty Nat. Bank & Trust Co. v. Kummert

The majority opinion is so entirely different from my conception of the law, and works such a great injustice upon tbe appellant when neither it, nor its attorney, has been guilty of any bad faith, neglect or laches, that I feel impelled to express the reasons why I disagree with my brethren.

So far as I can understand, there is not a single fact stated in the majority opinion which sustains its conclusion that the trial judge did not abuse his discretion in failing to sustain appellant’s motion. The opinion correctly states the law that courts are prone to be liberal in setting aside a…