Opinion
8 Cal. 337 at 339.
Original Opinion of October 1857, Reported at: 8 Cal. 337.
OPINION
BURNETT, Judge
On the application for a rehearing,
Burnett, J.
This case was decided at the last term, and the opinion of the Court was delivered by the late Chief Justice, in which I concurred. Since that opinion was delivered a petition was made for a rehearing by the counsel of defendants, and the case of the Bear River Company v. The New York Compang, ante 327, has been argued and submitted. Upon more full and mature consideration, I think the former opinion of the Court should receive some qualification. My views may be found in my opinion in the case of the Bear River Co. v. New York Min. Co., ante 327. The petition for a rehearing should be denied.