Midlow v. Ray's Adm'x

Judge Thomas dissenting.

My reasons for disagreeing with the opinion of the Court are: (1) That the action is in all of its essentials a declaratory judgment proceeding, and, since the appeal was not prosecuted within sixty days after the rendition of the judgment by the Nelson circuit court it should be dismissed, as is provided in section 639a — 5 of our Civil Code of Practice; (2) if the appeal had been prosecuted within the time prescribed, then the judgment should be reversed for the reason hereinafter given, and (3) if the action is not a declaratory judgment proceeding, then the…