Leonard v. Bennett

Former opinion overruled and case reversed on rehearing October 15,1940

On Rehearing

(106 P. (2d) 542)

KELLY, J.

In the original opinion herein, we held that the state court had been deprived of jurisdiction by the proceedings in the federal court under the Frazier-Lemke Act. By a petition for rehearing defendants have called our attention to an affidavit by defendant C. H. Leonard, which on October 30, 1939, was filed in the United States District Court for the District of Oregon wherein said defendant stated:

“That the said Leonard has asserted in the proceedings now pending before this court…