
    No. 812.
    I. Q. C. Stafford vs. P. M. Ryan et al.
    Where the performance of an act is a condition precedent to the exercise of a right or power, it must appear affirmatively that the act has been done.
    District Courts are courts of record, and every fact necessary to give the court jurisdiction must appear of record. A fact, that is the basis of aright to grant an order, must appear otherwise than by the assertion of the officer who is making the order. An application for a second rehearing of a cause cannot be considered.
    Appeal from the District Court for Richland. Parsons, J.
    
      Cobb & Gunby for Plaintiff. Stubbs and Toler for Defendants Appellants.
   Egan, J.,

delivered the opinion on the first hearing in 1878. De Blanc and Spencer, JJ., dissenting, and a rehearing having been granted, the case went over to the following year, when Manning, C. J., delivered the opinion, setting aside the former decree and reversing the judgment below.  