State ex rel. Weede v. Iowa Southern Utilities Co. of Delaware

• Decision Date: 11 August 1942
• Docket Number: 45458.
• Citation: 4 N.W.2d 869
• Parties: STATE ex rel. WEEDE v. IOWA SOUTHERN UTILITIES CO. OF DELAWARE et al. (THATCHER et al., Interveners).
• Court: Iowa Supreme Court

4 N.W.2d 869

STATE ex rel. WEEDE v. IOWA SOUTHERN UTILITIES CO. OF DELAWARE et al. (THATCHER et al., Interveners).

No. 45458.

Supreme Court of Iowa

August 11, 1942

PER CURIAM.

Upon the submission of the petition for rehearing, the same was overruled, and the rehearing denied, but the original opinion of the court, reported in 231 Iowa 784, and in 2 N.W.2d 372, 376, is modified by striking therefrom, in the final paragraph of the majority opinion, on page 840 of 231 Iowa, and on page 401 of 2 N.W.2d, the following words, to wit:

"The relief to which the appellant may be entitled will necessarily depend upon the facts established by the evidence, but under the decisions, and under Chapter 387, there is ample authority to grant all of the relief prayed for, if the evidence justifies it.", and to insert instead the following, to wit:

"The relief to which the appellant may be entitled will necessarily depend upon the facts established by the evidence."

The reason for such substitution being to eliminate from the opinion any statement or inference therein that this court holds that the district court may dissolve the appellee.

As herein modified, the original opinion stands as the opinion of the court.