Cadwell v. Dabney

On Appellees’ Motion for Rehearing.

Complaint is made of our failure to sustain appellee’s first and second cross-assignments of error.

The first cross-assignment relates to the refusal of the trial court to allow attorney’s fees upon the $1,000 note referred to in our original opinion.’ This note was not set out in ha;c verba in appellee’s pleadings, and that the note provided for attorney’s fees was not alluded to in such pleadings, and her prayer was simply that the note with interest thereon from June 4, 1913, at the rate of 10% per annum be “recognized as a general claim against the estate…