Masters v. Teller

Opinion of the court by

McAtee, J.:

The petition for rehearing avers, first,, that “the court has overlooked the fact that the main issue upon which this case was tried in the court below was upon Robert R. Teller’s right to claim and recover the property taken by Masters, sheriff, and that it was not tried upon the question of the validity or invalidity of any judgement or execution under or by virtue of which Masters was acting.” The justice who prepared the opinion in this case in the first instance was not present or sitting with the court when the rehearing was granted.

It would seem that…