Gay v. Jackman

Objection is made, in the motion for rehearing, to the'statement in our original opinion to the effect that the testimony of defendant Jackman that Mrs. Gay pointed out the cattle which Jackman took possession of as the cattle of Lindeman, was struck from the record by the trial judge. The record in this regard shows the following : The testimony referred to was objected to when offered, but the objection was overruled. The bill of exceptions taken by plaintiff to this ruling states that later plaintiff moved to strike out this testimony, but the motion was overruled “at that time.” The…