Athanas v. City of Spartanburg

The opinion of the Court was delivered by

Mr. Associate Justice Baker.

By order of this Court the remittitur of the judgment in this case heretofore filed was stayed, and a rehearing granted on all issues. Pursuant to direction of the Court in said order, the case was orally argued at the November, 1940, term.

Upon a reconsideration of the case, we conclude that there was no oversight or misapprehension by the Court of any applicable principle in our former disposition of Exception 2, to which we adhere.

We reproduce that portion of our former opinion which sets forth the history of the case and…