Davis v. Lindsay Furniture Co.

ON REHEARING

ELLIOTT, J.

A rehearing was granted upon the petition of the defendants in order that we might re-examine their contention, that their answer, which had been filed in this case and had supplied the deficiencies of the petition, was' not to be considered in ruling on their exception of no cause of action filed nearly a month after-wards.

The exceptions in question allege that the petition sets forth no cause or right of action against defendants. We assume that the exception, to the extent that it is contended that the petition sets forth' no right of action, is not to be taken,…