Tevis v. O'Connell

         JUDGES: Cope, J., delivered the opinion of the Court. Field, C. J., concurring.

         OPINION

          COPE, Judge

         Subsequently, appellant petitioned for a rehearing, and offered to execute a new undertaking, and the following opinion was delivered by Cope, J. Field, C. J. concurring:

         The petition for a rehearing must be denied. The offer to execute a new undertaking comes too late. It should have been made before the motion to reinstate was disposed of. The defendant chose, for the purposes of the motion, to rely upon the old undertaking, and he must abide the result.

         Petition denied.