Olds Wagon Co. v. Benedict

Reese, Ch. J.

This cause was decided at the January, 1889, term of this court, and is reported in 25 Neb., page 372. A motion for a rehearing was subsequently filed, and sustained, and the cause has been resubmitted on oral and printed arguments.

It is contended by defendant in error: First, That even were it true that the district court erred in the order of hearing argument by giving defendant the opening and closing, yet such error would be without prejudice, and hence no ground for reversal; and Second, That defendant being the moving party in his effort to have the attachment discharged,…