Rankin v. Wyatt

This case comes to the writer by reassignment. It was transferred to us by the Springfield Court of Appeals for the stated reason that the opinion of that court is in conflict with an opinion of the St. Louis Court of Appeals. We treat cases thus acquired from the appellate courts as if they had come to this court in the first instance. In the instant case the main opinion of the Springfield Court of Appeals is reported in 48 S.W.2d 88, and the opinion upon a motion for rehearing in 49 S.W.2d 243. In this latter opinion the ground of transfer is stated. For convenience plaintiff in error will…