State Ex Rel. Hurd v. Davis

ON PETITION FOR REHEARING.

Gilkison, J.

In a petition for rehearing, respondent among other things insists that three of the defendants to relator’s petition in respondent’s court in cause No. 9241 (Probate) on May 26, 1948 voluntarily entered a general appearance by their attorney, Everett Warner, and filed an oral motion to remove Virginia Hurd as next friend of relator. He avers that this attorney for said clients at that time also filed an oral motion to dismiss the amended petition. He avers that within a week thereafter both motions were filed in writing. The record now shows that the…