Kalb v. Luce

The following memorandum was filed June 29, 1938:

Rosenberry, C. J.

(on motion for rehearing). The appellant has moved for a rehearing upon the authority of Wright v. Union Central Life Ins. Co. 304 U. S. 000, 58 Sup. Ct. 1025, 82 L. Ed. 000, decided May 31, 1938. That case does not deal with and, so far as we can see, has no bearing upon the question involved in this case and in the companion case, Kalb v. Feuerstein, post, p. 525, 279 N. W. 687, 280 N. W. 726. It holds the provisions considered constitutional. The plaintiff proceeds upon the theory that the order of the county court of…