Allen v. Allen

The prevailing opinion reveals the anomalous situation where counsel for a litigant, disgruntled at the court’s denial of motion for continuance interposed when the cause came on regularly for trial, by walking out on the court and abstaining from participation in the trial, has placed his client in a better position to challenge sufficiency of the evidence to support the findings made than if he had remained in the trial, although without reserving the question for review.

My unwillingness to concur in the majority opinion does not rest upon any disagreement between us over the right of this…