Rathbun v. Baumel

(dissenting.) The above entitled case having been originally assigned to me to write, I prepared an opinion affirming the ruling of the trial court. On consultation by the full bench, the majority has ruled otherwise, and orders a reversal. Profoundly convinced that this result is without substantial justification in the law, I cannot concur therein; and as the opinion I had prepared states the grounds of my conclusion and discusses the several propositions of law on which I rely, as fully and as clearly as I could hope to do in rewi'iting the case, I embody it herein in full,-in support of…