McConnell v. Rhone

The opinion of the court was delivered by

Marshall, J.:

The action, one in forcible detention of real property after lawful entry, was commenced before a justice of the peace. An opinion was filed on May 4, 1929. (McConnell v. Rhone, ante p. 257, 276 Pac. 830.) A motion for a rehearing has been filed by the appellants, in which they say:

“The opinion seems to have been made on the theory that the question of jurisdiction was not presented until after reaching the district court, and that if the point had been raised in the justice court the opinion would have been different.

“The abstract did not…