On Motion for Rehearing

The appellant in due time filed his motion for rehearing, alleging:

"(1) That the plaintiff believes that the court committed error to his prejudice in its first finding, because in it the record was incomplete and failed to include the instructions excepted to, we think that certiorari should have issued to bring up a more perfect record, and that plaintiff should not be the sufferer because of the laches of some one else. (2) Because the plaintiff believes that the court committed error to the prejudice of the plaintiff in error in its second finding, and submit that, while there is conflict…