Jewett Bros. & Jewett v. Bentson

This case was decided at a former term of this court, and the opinion is reported in 18 S. D. 575, 101 N. W. 715, and the facts are quite fully stated in the opinion. A petition for rehearing was granted, and the case is now before us on the rehearing.

At the time the opinion of this court was handed down our attention had not been called to the case of Crawford et al v. Burke, 195 U. S. 176, 25 Sup. Ct. 9, 49 E. Ed. 147, decided by the Supreme Court of the United States at about that time, in which that court in an exhaustive opinion gave a construction to the provisions of section 17 of the…