Rogers v. Day

PERRY, J.,

dissenting.

I dissent from the opinion of the majority for the reason that I cannot concur in the result reached.

The majority, in adopting Article VII, § 3 of the Constitution and affirming the cause, reexamined the matter as in a case in equity. From my examination of the record I am satisfied that I could not reach the result that this court has reached.

I therefore dissent.