Beach v. Norris

The opinion of the court was delivered by

Harvey, J.:

Appellee moved for a rehearing “for the reason the court in its opinion overlooked the decision of Gift v. Lennen, 114 Kan. 322,” 218 Pac. 996. It would appear that counsel who prepared the motion for rehearing had not read the opinion, for it is clear that the decision in that case was not overlooked. The case was specifically cited and discussed (Beach v. Norris, 127 Kan. 619, 623, 274 Pac. 256), and we endeavored to point out the reason why the decision in that case was not applicable to the case under consideration. In an amended motion…