Chomeau v. Roth

ON MOTION FOR REHEARING.

Learned counsel for the appellant (contestant) have filed a motion for rehearing in which, among other things, they complain most earnestly of our reliance upon the cases of Hall v. Schoenecke, 128 Mo. 661, 31 S.W. 97, and Goben v. Murrell,195 Mo. App. 104, 190 S.W. 986, as controlling this case in all essential respects.

We are aware that the facts of those cases are not on all fours with the facts of the case at bar in many material features; and what we had in mind in referring to those cases as controlling was simply that the rules of law announced in those cases…