Pieck v. Carran

Opinion op the Court by

Morris, Commissioner—

Reversing.

On the first appeal of this case (271 Ky. 32, 111 S. W. (2d) 440, 442), parties were respectively defendant and plaintiff, and occupied like positions on the second trial.4 It is not necessary for us to restate the facts or conclusions of law, except insofar as they may be pertinent. We reversed the first judgment for reasons clearly set out in the opinion, and remanded for “proceedings consistent with this opinion.”

When our mandate, which followed the language of our opinion, was filed, appellant moved the court to set aside the former…