Banks v. Jenkins

Opinion On Petition To Rehear

MR.. Justice Creson.

Complainants-appellants have filed a petition to rehear in which they seek “clarification” of our original opinion.

The essence of this petition is a request that this Court decide questions not actually made, perhaps not even in existence. This the Court will not do; neither does it indulge in advisory opinions.

The only question properly raised in the case as presented was, and is, whether or not the office of Constable had been unconstitutionally abolished. We held that it had not.

The petition is denied.

Dyer, Chief Justice, and Jenkins and Bozeman, Special Justices, concur. McCanless, Justice, not participating.