
    FRANK WOLKOWSKY. as Administrator of the Estate of A. Wol-kowsky, Deceased, v. DAVID A. GOODKIND.
    19 So. (2nd) 106
    June Term, 1944
    August 1, 1944
    En Bane
    Rehearing denied September 15, 1944
    
      Redfearn & Ferrell, for petitioner.
    
      W. G. Price, for respondent.
   PER CURIAM:

Certiorari denied.

BROWN, CHAPMAN, THOMAS and SEBRING, JJ., concur.

BUFORD, C. J., and TERRELL, J., dissent.

ADAMS, J., not participating.

BUFORD, C. J.,

dissenting:

It appears to me that the sustaining of demurrer to amended pleas 4 and 5 and the denial of leave to file proffered additional pleas, alleging fraud and coercion, constituted error for which judgment should have been reversed on appeal to circuit court; that affirmance of judgment by circuit court constituted a departure from the essential requirements of the law. Therefore, certiorari should be granted.

TERRELL, J., concurs.  