Tennessee Hoop Co. v. Templeton

Mr. Malone, Special Judge,

delivered the opinion of the Court.

At a prior day of the term we handed down a memorandum, holding that the special plea on which plaintiff in error relied had not been preserved by a bill of exceptions after being stricken from the .record, and was not a part of the record, affirming the judgment of the court of civil appeals in this behalf. We did not consider or pass upon the merits of the case.

An earnest petition has been filed, asking a reconsideration of this point, and a decision on the merits, and calling the court’s attention to certain statutory provisions…