Irwin v. Smith

On. Petition for a Rehearing.

Elliott, J.

— In the opinion of the court, delivered by Sgott, J., it was said that the motion for a new trial did not present any question upon the instructions. The language of the opinion upon this point is as follows: “The fifth cause for a new trial, together with the various subdi-. visions, presents no question for this court, nor did it present any question to the court below, either at special or general term.” The cause for a new trial, to which reference is made in the preceding quotation, was in appellees’ motion thus stated: “5. For errors of law…