Nelson v. Employers' Casualty Co.

Loran Nelson, plaintiff appellant, alleges in his petition for rehearing that we are in error in saying in our first opinion herein that, although the exception of no cause of action filed by defendant appeared to have been properly urged, it did not seem to have been passed on by the lower court, and was therefore not before us on appeal, contending that this exception was overruled, and that the proof that it was so acted on appears from a statement to that effect in defendant’s brief.

The record shows that defendant filed exceptions of res adjudicata, no cause or right of action, lis…