| S.D. | Dec 18, 1895
Respondent’s attorneys ask leave to file a petition for a rehearing of this case. The case was decided and the opinion filed October 28, 1895. 64 N.W. 1124" court="S.D." date_filed="1895-10-28" href="https://app.midpage.ai/document/dempsey-v-billinghurst-6684318?utm_source=webapp" opinion_id="6684318">64 N. W. 1124; 7 S. D. 564. Under rule 24, which took effect April 4, 1893, the remit-titur was held in this court 30 days thereafter, when, no petition for rehearing having been filed, nor any application made for a longer stay of the remittitur, the case was regularly remitted to the trial court. Several days thereafter this application to present a petition for a rehearing was filed, the application itself being dated after the remittitur and case had gone from this court. Ordinarily, and without a rule upon this subject, a petition for rehearing may be made at any time during the term at which the case is decided, provided the case is still