Miles v. Gadsden

(dissenting) : On account of the fact that the opinion first filed in this case has been withdrawn, the dissenting opinion heretofore filed by me is also withdrawn, and this opinion is to be taken as a dissenting opinion to the opinion last submitted and to the order dismissing the petition for a rehearing.

The opinion last submitted is a formal one, affirming the decree of his Honor, Judge Memminger, which confirmed the Master’s report in favor of the defendant, in “short form”; hence attention must be directed to the Master’s report. The undisputed facts are as follows:

On December 20, 1920,…