Dow v. Deissner

The appellants moved for a rehearing, and the following opinion was filed February 2,1900:

Cassoday, C. J.

We cheerfully embrace the opportunity afforded by the motion for a rehearing to correct the error made in the decision of this case. Our only excuse for such decision is that we had, a short time before, pretty fully considered, in consultation, the effect of a ruling upon demurrer ore terms in the case therein cited (Mandelert v. Superior C. L. Co. 104 Wis. 423); and, besides, the authorities now presented were not called to our attention, and we failed to find them,— especially the late…