Kenny v. McKenzie

This case is before us on rehearing. The opinion on the original hearing is reported in 23 S. D. 111, N. W. 781. Only two questions are presented at this time which seem to *487merit a reconsideration: First, the decision of this court, in the case of Burleigh v. Hecht, 22 S. D. 301, 117 N. W. 367, and, second, the decision in the case of Shelby v. Bowden, 16 S. D. 531, 94 N. W. 416, as affecting the rights of the parties-when applied to the case at bar. A restatement of the issues or facts is unnecessary, save in so far as they are involved in a consideration of .these particular questions. In…