McCreery v. Nordyke

On Petition for Rehearing.

Comstock, J. —

Appellant asks for a rehearing in this cause upon the grounds, (1) that the court erred in holding the third paragraph of the complaint sufficient to withstand a-n attack made for the first time upon appeal; (2) in holding that a complaint in an action for conversion which is sufficient to 'bar another by the same plaintiff for the same cause will be held good if it is questioned for the first time by an assignment of. errors. In support of the petition, counsel- for appellant have industriously collected and cited many cases. The following are cited…