American Marine Paint Co. v. Tooley

A rehearing was granted in this ease solely because counsel urged in their petition that the cause of action sounded basically in equity and that this court, therefore, had no jurisdiction of the appeal. The appeal has since been transferred to the Supreme Court and retransferred by that court to this court. We are satisfied that our former disposition of this case was correct, and for that reason adopt as the opinion of this court the former opinion in the case, which is as follows:

“Appeal by defendant, as executor of the estate of Carrie M. Botts, from a judgment awarding plaintiff the sum…