Patterson Land Co. v. Lynn

The defendant has filed an application to recall the remittitur in this case. The original opinion reported in 27 N. D. at page 391, 147 N. W. 256, was filed March 6th, 1914, and a rehearing was denied April 11th, 1914. In his application for a recall of the remittitur the defendant assails both the findings of fact and the conclusions of law contained in the former opinion. Among other questions urged is that this court rendered judgment upon an amended pleading without permitting a trial upon the issue formed by such amendment. It is contended that the proper practice would have been to…