Automobile Underwriters, Inc. v. Smith

ON PETITION TO TRANSFER

Achor, J.

This case is on transfer from the Appellate Court under §4-215, Burns’ 1946 Repl. See: Automobile Underwriters, Incorporated v. Smith (1960), 166 N. E. 2d 341. Rehearing dismissed June 9, 1960, 167 N. E. 2d 882, 883.

Appellee has filed a motion to dismiss the appellant’s petition for transfer on the ground that the petition for rehearing, filed by appellant in the Appellate Court, was dismissed (not denied) for failure to comply with Rule 2-22. This court has heretofore held that it will not consider alleged errors in the opinion of the Appellate Court unless…