Matthews v. Natl. Life

PONDER, Justice.

' After we granted certiorari or review to the Court of Appeal, Second Circuit, upon the application of plaintiff, and upon submission of the case in this Court, the defendant filed a motion to rescind the order on the ground that the application for certiorari was not timely filed.

In the motion to rescind, it is set out that the record affirmatively shows that the Court of Appeal refused to grant a rehearing on July II, 1956 and the application for certiorari was filed in this Court on August 13, 1956, more than thirty days after the date of the denial of a rehearing.

Under…