Battle v. Morris

On Rehearing

On application for rehearing the appellee calls our attention to the fact that in writ*587ing the opinion on the original hearing we entirely overlooked what he regards as the strongest allegation in the bill and which we set out as follows:

“Complainant avers that he did not himself consent that, in addition to his execution of this release, a judgment should be entered by consent of the parties in his favor against Enoch Battle for $3,000.00, that he did not authorize anyone else to enter into such a consent judgment, and that no one else was authorized by him to consent on his…