Studebaker Bros. Co. of Utah v. Witcher

• Decision Date: 04 November 1921
• Docket Number: 2400.
• Citation: 201 P. 322,44 Nev. 468
• Parties: STUDEBAKER BROS. CO. OF UTAH v. WITCHER ET AL.
• Court: Nevada Supreme Court

201 P. 322

44 Nev. 468

STUDEBAKER BROS. CO. OF UTAH v. WITCHER ET AL.

No. 2400.

Supreme Court of Nevada

November 4, 1921

Appeal from District Court, White Pine County; C.J. McFadden, Judge.

On petition for rehearing. Petition denied with leave to apply for modification of order.

For former opinion, see 199 P. 477.

A. Jurich, of Ely, for appellants.

Chandler & Quayle, of Ely, for respondent.

COLEMAN, J.

A petition for rehearing has been filed, upon the ground that since we expressed an adherence in our former opinion to the views stated in Studebaker Brothers Co. of Utah v. Witcher et al. (No. 2399) 195 P. 334, we should have ordered a modification of the judgment, as in that case. If such an order be necessary to protect the appellants, the granting of a rehearing is not essential to that end. Hence the petition is denied, with leave to apply within 10 days from service of a copy hereof for a modification of the order.

It is so ordered.

SANDERS, C.J., and DUCKER, J., concur.