Credit Foncier of America v. Rogers

This motion for a re-heari'ng is based upon the fact that in our former decision we “ did not pass upon the vital question as to whether error did not appear of record, which would require the reversal of the judgment of the court below.” That judgment was given on a' motion of the defendant to dismiss the action in these words after the title of the cause, viz.:

“Now comes the' defendant and moves the court for an order directing the entry of an order dismissing said cause, and wholly annulling and setting aside the verdict heretofore rendered, which motion is based on the stipulation…