McDonald v. Lincoln County

Simmons, C. J.,

dissenting.

I join in the dissent. I am not able to reconcile the conclusion reached by the majority with right or justice. Nor do I believe that the legislature ever intended that such a construction would be placed upon its acts.

I am authorized to say that Carter J., though not participating in the decision of this case, concurs with the propositions of law announced in the dissenting opinion.