Orpheum Co. v. Dimond & Co.

OPINION OF THE COURT BY

GALBRAITH, J.

A decision in this cause dismissing the writ of error was filed December 12, 1902. (ante p-. 522). On the 16th of December the defendant filed a petition and motion for rehearing and on January 7th, 1903, a motion to amend the assignment of errors-In order to expedite the final disposition of the cause these motions as well as the merits of the cause were argued and submitted January 9th, 1903.

The motion to amend asks permission to amend the first assignment of error so as to alleg’e error in the entry of judgment in the Circuit Court for the reason, (1)…