Heath v. Elliston

FOLLEY, Justice.

This cause is now before us upon the merits. An ancillary proceeding in the nature of a petition for mandamus was heretofore disposed of by us in an opinion which may be 'found in 135 S.W.2d 512.

By our opinion on the merits of the date of September 16, 1940, we reversed the judgment and remanded the cause herein to the trial court. The appellees have filed a motion for rehearing and upon more mature deliberation of the issues involved we are now of the opinion we erred in our former holding.

The California Western States Life Insurance Company of the State of California filed a…