Fisk v. Stevenson

On Motion for Rehearing.

In the light of the appellee's motion for rehearing, we have re-examined the record in this case. We are still of the opinion that the appeal was correctly disposed of on the original hearing and for the reasons there assigned. There are other reasons, presently to be stated, which require such disposition of the case.

What plaintiff designates in his petition as his “Second Cause of Action” against defendant Frances Fisk is the only one here involved. In such cause the plaintiff alleges that in G. Fisk’s lifetime he (plaintiff) procured a judgment (December 18, 1935)…