Legal Opinion

Western News Co. v. Wilmarth

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 3 opinions

Motion for Rehearing. The plaintiff in error filed a motion for a rehearing in Western News Co. v. Wilmarth, (reported in 33 Kas. 510, et seq., wherein the facts are stated.) The opinion herein was filed at the October, 1885, session of the court.

1Per curiam

Upon the rehearing, the authority of McLaughlin v. Davis, 14 Kas. 168, is challenged by plaintiff in error, and we are asked to reexamine and overrule that decision. Unless that decision be overruled, the rehearing in this case must be denied. No attack was made upon McLaughlin v. Davis, supra, when this case was originally submitted to us, and we shall not now reexamine the question therein decided. “Where a case has once been submitted and decided, this court will not, as a rule, upon a motion for a rehearing, consider any question not presented upon the original hearing.” (Headley v.…

2Cases cited2 opinions

  1. Headley v. ChallissSupreme Court of Kansas · 1875
  2. McLaughlin v. DavisSupreme Court of Kansas · 1875

3Cited by3 opinions

  1. Powell v. Nevada, California & Oregon RailwayNevada Supreme Court · 1905
  2. A. J. Harwi Hardware Co. v. KlippertSupreme Court of Kansas · 1906
  3. Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895

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