Weitzman v. Lee

On Motion for Rehearing.

HALL, C. J.

[5, 6] In tbe original opinion some doubt is expressed as to tbe sufficiency of tbe appellants’ plea, setting up tbe business homestead exemption. Appellee has" called our attention specifically to tbe facts as alleged, which, as against a generál demurrer, we think are sufficient; but if it be admitted that appellants’ allegations are'insufficient, it does not present fundamental error, requiring us to reverse tbe judgm'ent in order that be may perfect bis pleading. No one was surprised or misled thereby, and, as said by tbe Supreme Court, in Blum v.…