Olds v. Alvord

(concurring specially). — I took no part in the consideration of this ease until the matter was presented on motion to vacate the order granting a rehearing.

My view was that the court had lost jurisdiction of the cause and that the motion to vacate was well founded. That motion lost by a divided opinion of the Court. Thus, it was necessary to study the merits of the cause. From knowledge *783gained by my examination and from the argument last presented, I concur in the opinion by Mr. Justice Buford.

Whitfield, J.

The order granting a rehearing is procedural only. It merely permits a re-argument of…