Hicks v. Davis

The opinion of the court was delivered by

Dawson, J.:

In a petition for a rehearing, the defendant contends that the act of 1915 (Laws 1915, ch. 14) which attempted to repeal the item appropriated for plaintiff in the act of 1913 (Laws 1913, ch. 61, item 106) was held invalid by the court on grounds argued by neither party. (Hicks v. Davis, ante, p. 312, 317, 318, syl, ¶¶ 5, 6, 154 Pac. 1030.) This is, true. Does this necessitate a rehearing? Can there be any doubt of the soundness of the proposition covered by paragraphs 5 and 6 of the syllabus and the corresponding portion of the opinion?

We…