Ivey v. Keeling

On Motion for Rehearing.

Among other errors assigned in their motion for rehearing, appellants assign error in our original opinion in the holding that, conceding their right to maintain their suit, the allegations of their petition were insufficient to state a cause of action.

This statement in our original opinion was not necessary to the decision, but was an additional reason for affirmance added to the opinion. ■ We are still impressed that the allegations were insufficient; but, since that holding was really unnecessary, it is withdrawn, and the decision will be based solely upon the other grounds set forth in the opinion.

The motion for rehearing has been carefully considered, but, as we are'Still of the opinion that our original holding was correct, the motion is overruled.