Lounsberry v. Kelly

This case is before us upon petition for rehearing. The former opinion is reported in Lounsberry v. Kelly, 32 S. D. 160, 142 N. W. 180. We are of the opinion the conclusion reached in that decision must be adhered to; but, in justice to appellant’s counsel, deem it our duty to correct certain statements contained in the former opinion.

Upon the appeal, appellant’s counsel sought to have reviewed certain instructions given by the court which were excepted to and the refusal of the trial court to give certain instructions requested by appellant’s counsel at the trial. In that opinion this court…