Atkins v. Smith

On Rehearing.

PONDER, Justice.

Upon our attention being called to the fact that the heirs and legal representatives of John Smith had been made parties to this suit, a rehearing was granted. John Smith died subsequent to the decision of the Court of Appeal, Second Circuit, and prior to our hearing of the review. In the interim, the heirs and legal representatives of John Smith were made parties to the suit by order of this 'court. At the time we considered the review, the order was not in the envelope containing other documents filed in the suit and for that reason it did not come to the…