Stith v. J. J. Newberry Co.

This case comes to the writer on a rehearing granted on the court's own motion for reasons hereafter mentioned. [1] The first opinion, concurred in by all the court, was written by Commissioner HYDE and his statement of the case with slight modifications is now adopted, with the preliminary observation that the fact that both parties to a case take an appeal to this court does not make two cases in this court. It is but one case regardless of there being cross-appeals or appeals by any number of parties. Any party to a suit aggrieved by the judgment may take an appeal in that case (Sec. 1018,…