Hannegan v. Roth

OPINION ON RE-HEARING.

Anders, J.

J.— On June 3, 1895, this court filed its opinion in this case {ante, p. 65) and the same is reported in 40 Pac. 636. The judgment of the trial court was reversed, and we were then inclined to the opinion that, upon the pleadings and the facts as found by the court, the cause ought to be dismissed as *696to all of the respondents. But, entertaining some doubt upon that question, we ordered a re-hearing, on petition of respondents, and the cause has accordingly been re-argued by counsel for the respective parties.

The facts of the case are set forth in our former…