Shepard v. Hanson

ON PETITION FOR-REHEARING.

One point urged in the petition for rehearing filed by respondent’s counsel requires brief mention. It is urged that during the progress of the trial in the District Court counsel for defendant expressly withdrew the defenses embraced in the three several counterclaims above referred to. It is apparent that such was the view of the trial court in directing the verdict for the plaintiff. The record was carefully considered on this question before the above opinion was written, and we then reached the conclusion that it was not counsel’s purpose to withdraw the…