Maule Ojus Rock Co. v. Lumpkin

(Dissenting). — On June 14, 1932, this Court, having under consideration a motion by defendant in error to strike from the record a motion for a new trial and a motion embraced in the same- document to strike the bill of exceptions' from the record, granted the former and denied the latter. Thereupon, on June 20, 1932, attorneys for the defendant in error caused to be filed a petition for a rehearing upon the order denying the motion to strike the bill of exceptions.

E. K. Lumpkin, the defendant in error, commenced his action in the Circuit Court for Dade County against Leo B. Ward and…