State v. Holland

On Petition to Rehear

Appellees have filed a petition to rehear on a number of grounds; all of which we find without merit:.

*357(1) The Court is not required to strike assignments of error on the ground they fail to comply with the rules but may,-in the interest of justice, notice'errors not formally assigned. Nance v. Winebarger, 32 Tenn.App. 229, 222 S.W.(2d) 231, 234, and cases cited; Rule 11 Court of Appeals.(2) We reiterate our finding that there was no evidence that the jury in the original suit knew of the existence of the mortgage and that Holland and wife and their counsel were well aware…