Genung v. Loftin

BUFORD, C. J.:

This cause is before us on petition praying that we clarify our Order of affirmance by giving the parties the benefit of the views of the Court which construed the basis for the affirmance of the judgment.

In the petition it is alleged:

“(3) Appellees have already defended two suits in the Circuit Court and one appeal to the Supreme Court, and are now faced with a fourth suit in the Civil Court of Record, all on the same subject matter, unless an opinion is written clarifying the basis of the court’s per curiam order affirming the opinion of the lower court in the common law suit.”