Browne v. Blood

On Petition For Rehearing.

Achor, C. J.

— Appellants, in support of their petition for rehearing, assert that the opinion as heretofore written is in error in two particulars.

First, although it appears from the record that there was a defect of parties in this appeal, in that, as stated in the opinion, “appellants failed to name two of the petitioners in the original proceedings or to substitute any parties in their stead,” appellants seek to explain away this fact by now filing a supplemental “affidavit of the parties.”

As noted in the opinion, there were other defects of parties, as a result…