Byrd v. Wright

*635On PETITION TO ReHEAE.

On petition to rehear, to justify its filing as well as to escape its dismissal for reargument and reiteration, it is insisted that the Court overlooked “a material fact,” (Rule 32,173 Tenn., 886, 887), in that the Court failed to notice that in the record application had been made by one of the parties for the hearing of the case on oral testimony.; that the case was so heard under section 10564 of the Code, and being a Chancery cause, was reviewable on broad appeal under section 9036 of the Code.

In the petition to rehear, the following is quoted from our former opinion…