Kipp v. Angell

ON PETITION FOR REHEARING.

Appellants file a petition for rehearing in this case, which must be denied. In connection with the petition, appellants’ counsel files an affidavit setting out in great detail the facts, circumstances, and incidents attending the matter of settling the statement of the case in the District Court, and the averments of this affidavit are to the effect that the statement was settled with the entire consent of the respondent’s counsel, and that the respondent’s counsel did not at that time object to any statement, matter, or thing contained in the statement of the case.…