Pope v. United States Fidelity & Guaranty Co.

ON MOTION ROE REHEARING.

Duckworth, Justice.

The motion for rehearing complains that the statement of facts shows only that the motion for continuance was made on the ground that Pope was sick and unable to attend court, whereas it was also made on the ground that he was serving in the army of the United States and was entitled to a suspension or postponement of his case while on duty with the army and in particular at that time. The statement of facts inadvertently omitted the reference to Pope being in the army, though showing that he was “on duty,” and to further explain that expression the…