Elam v. Bruenger

The opinion of the court was delivered by

Thiele, J.:

Plaintiff appeals from a judgment of the trial court dismissing the action hereafter mentioned.

Following the original submission of the appeal in this action, this court on November 8, 1947, filed its opinion now appearing in 163 Kan. 770, 186 P. 2d 248, in which it reversed the' order and judgment of the trial court dismissing the action. In due time the appellees filed their motion for a rehearing urging that this court, in determining the appeal, had disregarded its past rule and had given consideration to matters of which the trial court…