Bensch v. Farnsworth

On Petition for a Rehearing.

Gavin, J.

The appellant has filed a petition for rehearing, in which it is argued that the error of the court below consisted in sustaining the objection to a single question asked of a witness on the stand, to show that in the former suit appellee asserted and litigated his claim to the property, and that to make this parol evidence admissible the documentary evidence was unnecessary.

A reference to the record and to the grounds for new trial, as set out in the original opinion, will show that this ruling was not assailed in the motion for new trial. *551except as an…