Gwinn v. Hobbs

Dissenting Opinion.

Remy, C. J.

I cannot concur in the decision reached by a majority of this court. Some of the questions decided are questions which were, or might have been, decided on the former appeal, and, as I believe, were improperly considered. Stevens v. Templeton (1910), 174 Ind. 129, 91 N. E. 563. Even if the case would have to be reversed because of any error, I could not concur in the opinion, for, in my judgment, wrong conclusions . are reached on certain questions, which conclusions would be prejudicial to appellees on a retrial. It is not my purpose to write a dissenting…