Higgins, Admr. v. Metzger

On Motion for Rehearing.

When the foregoing opinion was handed down, at the defendant’s request, the entry order was held and leave was granted to file a motion for rehearing and an amended bill of exceptions tendered therewith.

It is said in support of the motion that we wrongfully precluded the defendant from the benefit of a substantial .error *297committed below: (1) By turning the point on a shortage in the record concerning which the parties did not disagree, and to which the defendant’s attention was not called by opposing counsel or the Court at argument; (2) by not construing the bill as…