Carmichael v. Hamby

On Petition to Rehear.

A petition to rehear has been filed herein, in which it is alleged that these petitioners “are much aggrieved by the opinion announced in the cause on December 11,1948, insofar as said opinion fails to provide that the cause be remanded'to the trial court for further proceedings.” The burden of this petition to rehear is that we should remand the cause to the Circuit Court where proof may be had, and a determination made, on the answer filed a few days after the demurrer was filed. In the answer it is alleged “that the petitioner is estopped to claim any sum whatsoever…