Mathews v. Union Central Life Insurance

The opinion of the court was delivered by

Burch, J.:

In a petition for a rehearing, the following queries are propounded:

“Has the doctrine of stare decisis become obsolete?

“Are courts and lawyers no longer justified in relying upon and following precedents established by this court?

“Are decisions of this court to be regarded as overruled by implication?

“Is there no longer any distinction between payment, and mere tender of payment, of a debt?”

The decisions alluded to as forming precedents calling for application of the doctrine of stare decisis are the following: Perkins v. Matteson, 40 Kan.…