Zwernemann v. Rosenberg

GAINES, Associate Justice.

At the last term of this court at this place an opinion was delivered in these cases and a judgment entered reversing the decree of the lower court and remanding the cause. The appeal and the writ of error were by different parties from the same judgment. Within the fifteen days the appellant and the plaintiffs in error practically joined the appellee, who was also the defendant in error,, in a motion to set aside the judgment of reversal and to grant a rehearing— waiving the error for which the judgment had been reversed. That error was in proceeding to judgment in…