Yater v. Mullen

On Petition for Rehearing.

Frazer, J.

Since the opinion in this case was reported, 28 Lad. 562, other counsel for the appellants present an application for rehearing, and in support of it an elaborate brief, devoted mainly to a question not presented at all on the hearing, and, therefore, not then considered or discussed by us. It is, by the well settled practice of this court, too late to present a question for the first time on a petition for rehearing, and in consenting to consider that question, in the present instance, we do not mean to make an innovation which shall be regarded as a…