State ex rel. Nieman v. Koch

An opinion was filed in this cause April 1, 1890, and a judgment entered reversing the judgment of the trial court, and remanding the cause for new trial. Since the opinion was filed, counsel for the respondent has filed a motion for rehearing, in which, with more zeal than discretion, he criticises our discussion of the -law and facts of the case. As some of the questions arising upon the record have never been directly passed upon by any court of final judicature in this state, we have concluded to file this opinion in lieu of our original *636opinion in the cause, and thus dispose at once of…