The opinion
Avery, J.
(dissenting): Under the rule recently adopted by the Court, a justice is required to file dissenting opinions before the adjournment of the Court, and as my engagements have left me only a few hours before the last meeting for consultation, I wish that the opinion filed within that limit in Harkins v. Cathey be considered in so far as it is applicable as expressing the reasons for my dissent in this case.