Davis v. Strople

I concur in the judgment of affirmance of the decree appealed. I concur with Mr. Justice Adams wherein he finds that the evidence sustains the decree. However, I am not of the opinion that we are precluded from considering whether the chancellor erred in denying appellant's "motion to dismiss" plaintiff's bill for the reason that upon appellant's previous application for review by certiorari we merely denied the petition. I find that the bill contains equity.

A petition for certiorari is addressed to the circumspection, sound judgment and good sense of those to whom it is addressed. When the…