Davis v. Gibson

on petition for rehearing.

It now, for the first time, comes to our notice that the affidavit of Myers was offered in evidence after, as well as before, he testified; but it was never offered as for the pur. pose of impeaching him, but only as evidence generally— that is, to prove the fact that his final certificate was subject to a proviso not named in it.

In this petition is the first allusion, below or here, by the appellant to the competency of the affidavit" as impeaching Myers.

A point not made in the original brief can not be raised on rehearing, even on petition of an appellee. Marthaler…