Spencer v. Dixie Finance Co.

On Petition to Rehear

The defendant in error has filed herein a courteous and dignified petition to rehear because it is said that the opinion which we released on July 27, 1959, overlooked the ruling in an opinion of the Court of Appeals of the Middle Division in the case of Rutledge v. Swindle, as reported in 319 S.W.2d 488, 491.

This case (Rutledge v. Swindle, supra) was not overlooked by this Court. This case is in no way similar to *494the case now before us. In the Rutledge case the opinion shows that "the record does not show whether defendants actually filed these oaths with the Clerk or…