Barrett v. Stone

DISSENTING OPINION

Martin, J.

— I do. not agree with the conclusion of the majority opinion in this case.

It has always been my understanding of the law that an Appellate tribunal should look to the record, if need be, to see if justice has been done in the case up for review. It is very obvious from the record in this case that justice was not done to the parties in the lower court and, in my opinion, there is reversible error in the record.

In the case of L. S. Ayres & Company v. Hicks (1942), 220 Ind. 86, at 99, 40 N. E. 2d 334, the court said:

“The practice rule to the effect that alleged…