Piercy v. Bronson

By reason, of the matters hereinafter set out, the original opinion filed in this case and reported in 216 N W. 753 is withdrawn.

Certain of the heirs filed a motion' to dismiss the appeal in this-case.' In''the original opinion we held that, because the case was assigned for trial on March 9, 1927, and motion to dismiss the appeal was served on March 2d preceding, the motion to dismiss should ,l?e over-, . ruled, under Section 128.85, Code, of 19211,,,. ajqd Rule, 19 of this court, because not .served ten days before =the time the ease was assigned for trial.

On petition for rehearing, our…