French Market Homestead Ass'n v. Dexheimer

On Rehearing.

His Honor, CHARLES F. CLAIBORNE,

rendered the opinion and decree of the Court, as follows:

1. Peter Brand prays for a rehearing on the ground that the secretary of the plaintiff association testified that his attested account had been served on the association. We find this to be correct. We had been misled by the testimony of Brand himself who, according to the stenographer’s notes, testified that he had served his account on the “surety.” Brand claims that this is an error, that it should have been “secretary.” We will correct the judgment accordingly, and place Peter Brand among…