Miller v. Fenner, Beane & Ungerleider

On Rehearing.

Plaintiff in error in his motion for rehearing argues that he requested submission of the issue of conspiracy by his request for the submission of an issue reading as follows: “Do you find from a preponderance of the evidence that on or about August 8, 1933, defendants, or either of them, without warrant, caused or contributed towards the arrest of J. P. Miller, plaintiff herein?” It seems to us the mere statement of the requested issue is sufficient to show that it was not one miking inquiry as to the existence, or not, of a conspiracy.

As an alternative, it is insisted that if…