Vance v. Peña

By the Court, Sawyer, C. J. :

At the January Term the Court directed an order to be entered granting a rehearing in this case, but by mistake the Clerk’s entry in the minutes of that day’s proceeding shows that a rehearing was denied. The minutes of the Chief Justice in the Rehearing Calendar, however, show that the order directed to be entered granted a rehearing, and this accords with the distinct recollection of the Justices, and with other circumstances shown by the affidavits. We have no doubt that the latter was the order directed to be entered and that the wrong order was entered by the…