Johnston v. Peters

On Motion for Rehearing.

Pending action upon appellant’s motion for rehearing, this court, upon its own motion, set aside the judgment of affirmance, as well as the submission of the cause, ordered the case resubmitted, and requested counsel to submit additional argument, which they have done with much ability and consideration. We have concluded, however, after careful reconsideration, and with some hesitancy, to confirm the original disposition of the cause. Therefore the order setting aside the judgment of affirmance will itself be set aside, and the judgment affirmed, in accordance with the original opinion on file.