Maddox v. McHattan

Rehearing denied June 3, 1924.

On Petition for Rehearing.

(226 Pac. 427.)

BROWN, J.

This is a petition for rehearing based upon a point not assigned as error by plaintiff upon appeal in the case of Maddox v. McHattan, reported in 111 Or. 324 (224 Pac. 833).

The plaintiff appealed from a judgment of the trial court rendered in this cause, tried to the court below without a jury.

The contention of plaintiff now is that this court erred in assuming jurisdiction of his cause on appeal. *329It is now asserted for the first time that jurisdiction failed because the findings of fact and conclusions of law…