Kelsey v. Starkey

The decree in this cause was affirmed at the last term of this court and the appellant has'presented his petition for rehearing.

Reference is made to many decisions of our Supreme Court holding that where the transcript of the record fails to show a plaeita or convening order of court the judgment or decree must be reversed. We had supposed that this rule was so -well established that the bare statement of it in an appellate tribunal would be sufficient, without authorities cited in its support.

When the case was formerly before us, this point, then and now again urged, was not overlooked or…