Hill v. Kelsey

For reasons hereinafter stated, I think defendants in error’s motion for rehearing should have been sustained, and the judgment below reformed and affirmed. My dissent is alone with reference to the disposition of the case. Plaintiff in error’s liability and the matter to be decreed being certain, instead of remanding the cause, I think the judgment below should have been reformed and affirmed in accordance with the undisputed facts; that is, in favor of C. A. Kelsey, the husband, against plaintiff in error, for the amount ascertained to ■be due on the cause of action asserted.

The petition…