Baltimore American Insurance v. Zimmerman

The opinion of the court was delivered by

Marshall, J.:

An opinion in this action was filed December 8, 1928. Carl Millheisler, the appellant, has filed a motion for a rehearing in which he says, among other things, that “the court did not pass on the question presented by the appellant on this appeal.” The contention is based on the following allegation which was contained in the amended answer and cross petition filed by Millheisler:

“That upon the discovery of the fraud complained of herein, which was less than two years before this amended cross petition was filed herein, [Millheisler]…