Shetter v. Rochelle

MOLLOY, Judge.

Appellee’s motion for rehearing has raised a matter not presented in the briefs concerning whether this action should be sent back for a new trial or reversed with instructions to enter judgment for the defendant.

The appellee has cited and quoted to this court general statements in the law which might seem to support the contention made that proper appellate procedure at this posture of the case would be to send this case back for a new trial. Among the statements so quoted is:

“And generally it may be said that when it appears that the plaintiff can probably make a better…