whether balance due not at issue
How later courts described this case
- whether balance due not at issue
Written by the judges who cited it.
The opinion
HALLEY, Justice
(dissenting).
■ I dissent in this case because I think that the majority opinion misconstrues the effect of the dismissals filed in this Court. There was nothing in those dismissals which in 'any way affected the right of Charles S. Arthur to prosecute his appeal in this case. It was not the intention of this Court to in any way curtail his rights on the appeal.
Without going into too great detail I am of the opinion that the majority has reached a very inequitable result in its decision. I dissent.