Redd Chemical & Nitrate Co. v. W. T. Clay Mercantile Co.

On Application for Rehearing and Motion to Set Aside Judgment.

BROWN, J.

A judgment of affirmance entered because of the failure of the appellant to assign errors is in the nature of a judgment by default; the assignment of errors being regarded as necessary pleading to-inform the appellee of the matters complained ,of and to invite review by the court. Kinnon, as Adm., v. L. & N. R. R. Co., 187 Ala. 480, 65 So. 397.

The office of an application for rehearing is to invite a re-examination of the questions decided in respect to their soundness-as applied to the merits of the case as presented on…