Maxwell

An opinion, prepared by Justice Burnett, was filed in this action on November 20, 1917. While in the original opinion the merits of the controversy were considered and discussed, the appeal was dismissed because this court had no jurisdiction thereof.

A rehearing was granted on the petition of the appellant for the purpose of giving further consideration to the position taken by this court that the attempt by the plaintiff to take an appeal was abortive, and also to consider whether, as the plaintiff contends in its petition, the complaint states a cause of action and is, therefore, good as against a general demurrer, no special grounds of demurrer having been set up against said pleading.

In disposing of the appeal, this court, in its former opinion, said: “We have considered the foregoing on the merits, but another question of serious moment arises, though not suggested by- counsel, and that is, whether we have any jurisdiction of the attempted appeal. The notice specifies that the appeal is taken from ‘that certain judgment made and rendered on November 15, 1916, by the above-entitled court in the above-entitled action, and entered on November 15, 1916, sustaining said…