Lawrence E. Tierney Coal Co. v. Smith's Guardian

*766Dissenting Opinion by

Judge Thomas.

I agree to the modification of the opinion made by the court,-but I dissent from the majority in overruling the petition for a rehearing, for I am convinced it should be sustained, the former opinion withdrawn and the judgment affirmed, but since no discussion of the questions argued is made by the court I will not do so in this dissent.