State Ex Rel. Funk v. Turner

* NOTE: Opinion filed March 25, 1931; motion for rehearing overruled July 3, 1931, former opinion withdrawn and new and additional opinion filed; motion to transfer to Court en Banc overruled October 1, 1931. This cause was certified to this court by the Kansas City Court of Appeals, because of a dissenting opinion in that court. [17 S.W.2d 993.]

The case was submitted to this court at the January, 1931, call of the October term, 1930. In the original opinion filed prior to our April term, we adopted in toto, as our opinion, the majority opinion of the Kansas City Court of Appeals, reported in…