First National Bank v. Eddy

GATES,, J.

A petition for rehearing has been filed, which does not- challenge the correctness of our decision upon the merits. It challenges only the correctness of our ruling that the demurrer to the complaint, should have been based upon subdivision 2, instead of subdivision 6, of section 2348, Rev. Code .1919, in order to question respondent’s right to maintain this action.

Upon consideration of the petition for rehearing we are convinced- that we erred in holding that the right of respondent to bring this action could not be questioned by a demurrer upon the sixth ground of said section,…