Fidelity-Ph&338nix Fire Ins. Co. v. O'Bannon

On Motion of Plaintiff in Error for a Rehearing.

The error of this court, now confessed, in refusing, .because of plaintiff in error’s failure to comply with the requirements of articles 1971 and 2061, Revised Statutes, as amended by the act March 29, 1913 (General Laws, p. 113 [Vernon’s Sayles’ Ann. Civ. St 1914, arts. 1971 and 2061]], to consider the assignments in which complaint was made of the action of the court below in peremptorily instructing the jury to find for defendant in error, and in refusing to instruct them to find for plaintiff in error, was due to the failure of the writer…