McMullen v. Geiger

Spencer, J.,

dissenting.

For the reasons stated in the dissents in DeBacker v. Brainard, 183 Neb. 461, 161 N. W. 2d 508, I respectfully dissent herein.

It is to be noted that four judges of this court were *585of the opinion in that case that the statute involved herein was unconstitutional, but because of our constitutional provision requiring the concurrence of five judges to declare an act unconstitutional the opinion of the four judges did not prevail.

Boslaugh, McCown, and Smith, JJ., join in. this dissent.