Dreeben v. Whitehurst

On Plaintiff in Error’s Motion for Rehearing.

VAUGHAN, J.

The following grounds of defendant’s motion, viz., (1) “The court erred in deciding this ease in behalf of defendant in error upon contentions not made by him in the-court below,” and (2) “The court erred in deciding this ease in behalf of defendant in error upon a theory wholly inconsistent with the theory presented by him below,” require a full review of the case as made by the pleadings, developed by the evidence of the parties, the issues submitted to the jury, and defendant’s assignments of error and propositions; this being the…