Bata v. Bata

Southerland, Chief Justice:

The defendant-appellant, Jan Bata, has filed a petition for reargument on seven grounds. The seventh ground embodies a motion to remand the case to the court below in order that the defendant may move the Chancellor to reopen the case and receive newly discovered evidence. Since the motion to remand presents a question not heretofore raised in this proceeding, we consider it first.

Petition to Remand.

The petition advances a new theory of the case, radically different from the issues made by the parties, tried below, and reviewed here. Those issues were as follows:

1.…