Griffith v. Tipps

LOONEY, Justice.

On original submission we reversed the judgment below, on the idea that, after indulging reasonable intendments, the petition alleged a cause of action justifying a review of the original case; hence that the court below erred in dismissing the bill on general demurrer. In arriving at this decision, we had nothing before us except the bill of review, but now have the entire record of the original case, brought up on certiorari, by appellee, pending action on his motion for rehearing. After a careful reconsideration, for reasons which will be stated, the conclusion is reached…