Meier v. Schmidt

The brief on rehearing raises no new questions nor cites any new authorities on the issues decided by our opinion, ante p. 383, 34 N. W. 2d 400. It does manifest a complete misconception of the holding of the opinion and the effect that it has upon the litigation. We shall endeavor to clarify it in this respect.

The litigation was commenced by the filing of a petition by Alwine Meier, a German national, on February 6, 1939. The defendant filed a general denial on April 1, 1942. Plaintiff filed a motion for a revivor on July 1, 1947, in which it was recited that defendant died testate on…