Harris Orchard Co. v. Tharpe

ON MOTION ROE REHEARING.

Gilbert, J.

The plaintiff moves for a rehearing, insisting that the court overlooked “the main question in the case.” Movant states: “Counsel is in perfect agreement with the court on the decision as made, if the case presented only the issue named therein,” and “The overlooked portion of the petition is so important that if it were not actually in the case, the very foundation of the case, and admittedly the only cause for injunctive relief [italics ours], counsel could not make the certificate required in a motion for rehearing, for the decision would be in exact…