Grover & Baker Sewing Machine Co. v. Barnes

On Petition eor a Rehearing.

Buskirk, C. J.

The judgment in this case was affirmed, for the reason that it did not appear from the record that the special finding of the court was rendered at the request of one of the parties. A rehearing is asked upon two grounds: First, that the special finding shows that it was rendered at, the request of the plaintiff. Second, that the statute does not require that the record should show any request of the parties, or either of them. The special finding is copied into the transcript twice. The first time it has the words, “ by request of plaintiff.” The…