Hayes Chunn v. Holland

OPINION ON PETITION FOR REHEARING.

This cause is again before us on petition to rehear and it is insisted that our former opinion was erroneous for two reasons: first, because it was not necessary for the plaintiff in error to make a motion for a new trial in the lower court, as the case was tried by the judge without a jury; and second, that it was not necessary to include the motion for a new trial in the bill of exceptions *492or have the same spread upon the minutes of the court. We think that neither of these grounds is well taken, and the petition must be denied.

On the first proposition it…