Eddleman v. Wofford

At a former term of this court we reversed the judgment of the lower court because of the court’s refusal to grant appellants’ peremptory instruction. On motion for rehearing counsel for appellee assert that, while the record does show what is in form a peremptory instruction, it fails to show that the same was presented to or acted upon by the trial court, and that our attention was called thereto in appellee’s brief in tbe form of an objection to any consideration of tbe assignment. The record and briefs of appellee support the contention precisely and particularly. We therefore withdraw…