Smith v. Morris

This case is here on petition for rehearing. The original opinion will be found in 58 S. D. 5091, 237 N. W. at page 723. The case was reversed on the ’authority of Smith v. Fischer, 58 S. D. 510, 237 N. W. 718, 720, 77 A. L. R. 524, but in the petition for rehearing our attention is called to- certain questions not directly passed upon by the opinion in the Fischer Case.

Respondents’ first contention is that appellant’s assignments of error are not sufficient to present any question to this court, and cites and relies on what this court said in Roberts v. Shaffer, 36 S. D. 551, 156 N. W. 67.…