McInnis v. McRae

(dissenting)': A former opinion in this case having been filed, a motion for a rehearing was made and granted, upon the ground .that the decision had been made upon a misapprehension as to the existence of a very material fact. I dissented from the opinion which was filed.

The respondent takes the position that no actual fraud was shown, and that the allegations of the complaint do not bring the case within the terms of the Assignment Act. While the complaint seems to be framed primarily under the statute of Elizabeth, the prayer for relief indicates that the pleader intended to make apt…