James C. Curtis & Company v. Emmerling Et

SHAKE, J. ON PETITION FOR REHEARING. This court has been asked to reconsider the order of dismissal heretofore entered in this cause. One of the reasons assigned in support of the petition for rehearing is that we failed to make any reference to the opinion of the Appellate Court filed in this cause on March 27, 1940. The appeal was originally to the Appellate Court. That tribunal entered an order of dismissal on other grounds. (25 N.E.2d 1008.) Thereafter, a petition for rehearing was granted, and the cause transferred here under 4-209, Burns' 1933, 1364, Baldwin's 1934, four Judges failing to agree. On this state of the record, the opinion of the Appellate Court was nullified and we would not be authorized to examine it for errors.