City of Evansville v. Baumeyer

On Petition for Rehearing.

Achor, C. J.

— Appellees assert first as ground for rehearing the fact that this court did not decide the merits of the case. In support of this position they cite the fact that it is the policy of this court to decide cases wherever possible on the merits. Miller, etc. v. Ortman, etc., et al. (1956), 235 Ind. 641, 650, 651, 136 N. E. 2d 17; Flanagan, Wiltrout & Hamilton’s Indiana Trial and Appellate *650Practice §2115, ch. 40, p. 4. However, as heretofore considered, the case was never before us on the merits. Therefore, despite the policy of this court to consider cases…