Neppach v. Norval

Rehearing denied January 5, 1926.

On Petition for Rehearing.

(242 Pac. 605.)

McBRIDE, C. J.

In a petition for rehearing, which is apparently studiously designed to be offensive rather than to discuss calmly the matter in hand, counsel begins by charging the court with making a misstatement as to the character and quality of this suit, in that the court used this language:

“This is a suit to declare a resulting trust in certain lots situated in the City of Portland.”

It does not require any lengthened argument to show that the complaint either was directed to a resulting or constructive trust, or…