Tyner v. Adams

ON PETITION FOR A REHEARING.

Worden, J.

The counsel for the appellants have filed an earnest petition for a rehearing in this cause, and insist that the assignments of error are sufficient to raise the questions involved in overruling the motion for a new trial, although the overruling of that motion is not assigned for error.

The counsel say in their petition that they “ do not think that the late court ever held, that, notwithstanding the errors assigned in this court were contained in the motion for a new trial, yet* that there must be a special assignment of error on the overruling of said…