Harper v. Lichtenberger

On Petition of Rehearing

Clifford A. Jones, Roland H. Wiley and Harry T. Young, for Appellant.

Ham & Taylor, for Respondent.

OPINION

By the Court, Dysart, District Judge:

The petitioner, appellant above named, files his petition for rehearing and bases his petition for rehearing upon two grounds which are in substance as follows:

First, that the holding in our former opinion that the insufficiency of the special verdict to support the judgment could not be raised for the first time on appeal, where the appeal is taken upon the judgment roll alone, is in conflict with the constitution, laws of the…