City of Mitchell v. Dakota Central Telephone Co.

This cause is before the court upon a petition for rehearing. The opinion, concerning which a rehearing is sought, is reported in 27 S. D. 509, 131 N. W. 1090. In such opinion it was said: “If appellant desired, upon retrial in the lower court, to change the- issues, it should have asked this court to return the cause without a direction that judgment be entered in favor of plaintiff. No such modification was asked for, and no rehearing sought.”

Appellant, upon this petition for rehearing, calls attention to an inaccuracy in the above statement, and under the record upon the former appeal it…