Peter & Burghard Stone Co. v. Carper

Dissenting Opinion.

Nichols, J.,

Dissents. — I challenge' the decision of the maj ority of this court as being contrary to the inter- ' ests of the state, and of its citizens, as a misinterpretation of the plain words of the statute, as reaching a result that can only be reached by judicial legislation, and as against, not only the better reasoning, but the great weight of authority. It is proper that we should have before us the circumstances and conditions which confront us. Since the decisions in the cases of U. S. Construction Co. v. Hamilton Nat’l Bank (1920), 73 Ind. App. 149, 126 N. E.…