Smith v. Lombard

This appeal was originally heard by the district court of appeal, first appellate district, first division, and thereafter a petition for a hearing in this court was made by appellant. Upon the consideration of this petition, we were not satisfied with that portion of the opinion dealing with the refusal of the trial court to permit appellant to prove the allegations of the second separate defense of the second amended answer of appellant, Mary E. Scott, to the cross-complaint of Charles E. Lombard; and, for that reason, we granted said petition. No objection was then entertained to that…