Fidelity Deposit Company v. Fairfield

Smith, J.,

(on rehearing). In the brief of counsel for appellee in support of the petition for rehearing--it is insisted that we erred in holding that the error complained of was one that could have been corrected on the first appeal, and in support of this contention the case of Foohs v. Bilby, 95 Ark. 302, is cited.

We do not concur in the view of counsel that the case cited has any application here. The Foohs case was a law case; the instant case is one in equity. Upon appeal from the circuit court we do not try the case de novo. We only rqview the errors assigned. In chancery appeals we do…