Phillips v. United States Benevolent Society

Soon after the former opinion in this case was handed down (see 120 Mich. 142 [79 N. W. 1 ]), a suggestion was made that our holding in point 4 of the opinion was an erroneous statement of the law. A rehearing on that point was ordered, and counsel requested to furnish briefs thereon, as the point was not argued nor any authorities cited in the original briefs. The defendant has furnished no brief, and plaintiff did not furnish one until June 2, 1900. A re-examination of the record shows that this precise point was not raised. The objection was that the testimony was incompetent and imma*187terial…