Hicks v. Hicks

It appears in the report of the decision in this case when it was here before that the objection to the petition to reinstate it was as follows: “The petition is insufficient in law, in that it fails to show any reason for not having made this motion within the time provided by law.” Hicks v. Hicks, supra. In reversing the case this court did not consider or pass upon this objection, but reversed the case for another reason. This reversal had one of two effects: (1) It either, held by implication that the objection above quoted was without merit; or (2) it failed to consider and pass upon the…