Lorenzen v. Woods

On Application for Rehearing.

McGloin, J.

Defendant, on application for rehearing, insists that there was error in our opinion first given herein,, where it is declared that said defendant does not expressly pray for the annulment of the lease.. Of course, to ascertain the nature of the relief which a litigant demands, we must examine the prayer, which concludes the principal pleading, be it a petition, or an answer.

If a defendant, either by way of reconvention or demand in-compensation, assumes, on his part, the position of a plaintiff, he must comply with all that is required by the law of a…