Montmorency Gravel Road Co. v. Rock

On Petition for a Rehearing.

Downey, J.

—There is a petition for a rehearing filed in this case, in which counsel show so much confidence in their belief that the court has fallen into an error that we have thought proper to depart from the general rule and present some further views in overruling the petition. To be entirely fair with counsel, we give their positions in the very language of the petition:

*266“The court declines to consider the correctness of the conclusions of law reported by the court below, because the same had not been excepted to and had not been assigned for error. As we pique…