Riddell Nat'l Bank Etc. v. Englehart

ON PETITION FOR REHEARING

Crumpacker, J.;

The appellees’ petition for a rehearing" questions the validity of our initial decision *533herein because it reverses the judgment appealed from and was rendered by the court, sitting in banc, with one judge not participating and was concurred in by three judges only. It'is argued that this is a statutory court and its decisions must be reached in the manner provided by statute and under the circumstances above indicated, four judges having failed to agree, our authority in the matter was- limited to a transfer of the appeal to the Supreme Court for…