Funkhouser v. Spahr

Keith, P.,

delivered the opinion of the court.

Punkhouser, who was plaintiff in error in the case of Funkhouser v. Spahr, asks a rehearing of the judgment rendered against him at the September term of this court in pursuance of section 3845 of the Code of 1887, which is as follows:

“The appellate court shall affirm the judgment, decree, or order, if there be no error therein, and reverse the same, in whole or in part, if erroneous, and enter such judgment, decree or order, as the court whose error is sought to be corrected ought to have entered, affirming in those cases where the voices on both…