O'neal, Etc. v. Estate of Grace, Etc.

DISSENTING OPINION

Jackson, J.

I dissent from the majority action in dismissing the appeal herein for two reasons. One, *248that in my opinion this appeal should have been in the Appellate Court. See: Dept. St. Rev., Ink. Tax Div. v. Short, Admx. etc. (1955), 234 Ind. 417, 127 N. E. 2d 341.

The other is that in view of the circumstances this case should be decided on the merits rather than be summarily dismissed for failure to comply with a rule that exists only to expedite the work of the court and was not intended to be jurisdictional or to work any hardship on the litigants.

Note. — Reported in…