State Ex Rel. Cohen v. O'Neal

(Dissenting) : This case was before this Court and the opinion and judgment was filed herein on May 12th, 1930. See 128 So. R. 489. The judgment became effective upon the going down of the mandate on June 13th, 1930, no motion for hearing having been filed during the period allowed by the rules of this Court for such procedure.

There has now been filed in this cause a petition praying that the Court recall its mandate and reconsider its judgment as heretofore rendered.

The history of the cause is recited in the original opinion. Upon considering the questions raised by the suggestion that the…