Rishel v. County of McPherson

The opinion of the court was delivered by

Burch, J.:

An affidavit in support of a petition for rehearing contains the following remarkable statement;

“In the opinion of the supreme court in the above-entitled action appears this language: ‘In this instance a flank attack came in due season, in the form of an unwarranted assertion of a contract with the testator for all his property after his death.’

“A search of the stenographer’s record, appellant’s abstract and brief, fails to disclose any such assertion or language.”

The fourth paragraph of the petition specifically pleaded the contract to…