Atchison, Topeka & Santa Fe Railway Co. v. Morris

The opinion of the court was delivered by

Gkbene, J.:

In writing the opinion of the court in this case, we are paying a tribute to the learning of our lately deceased associate, Justice Ellis. Last April this cause was dismissed by this court in an opinion (not reported) written by him, holding that it had no jurisdiction over this litigation. In that opinion he did not concur. His insistence that the court had made a mistake greatly influenced it in granting' a rehearing, and, finally, in overruling its former opinion and adopting the views then entertained by him.

This was an action to recover…