Elson v. Security State Bank of Allerton

Garfield, C. J.

(dissenting) — I respectfully dissent because the majority opinion is contrary to countless decisions of this and other courts that a ease will not be reversed upon a proposition not argued. See also rule 344(a) (4) (Third), Rules *606of Civil Procedure, which says, “Errors or propositions not stated or argued shall be deemed waived.”

I would affirm.

Bliss and Thompson, JJ., join in this dissent.