Buchanan v. Carpenter

It is ordered that the original opinion and the opinion on rehearing, heretofore filed herein, be and the same are hereby withdrawn and the opinion to follow substituted therefor.

SADLER, Justice.

Upon further consideration of this cause upon rehearing, we have concluded that in the first and original opinion filed we erroneously announced that appellee’s (defendant’s) motion for dismissal of the appeal was not well taken and should be denied, as it was in the concluding paragraph thereof. The action was one in ejectment and the appellee’s motion to dismiss was based upon absence from, the…