Howard v. Fisher

This cause is now before us on rehearing. A decision in department was heretofore rendered, and opinion delivered by a former member of this court prior to his retirement. Petitions for rehearing were filed, and on his recommendation, concurred in by the other justices, the rehearing was granted. The cause then went to banc, further briefs were filed, the case was thereafter argued orally and reassigned. The former opinion has not been reported. Our conclusions in the main are not radically different from what they were before, but our further researches and additional reasons for our…