Stuart v. Harris

o$r petition for rehearing.

The petition opens with the statement that this “ case was decided, and the opinion of the court is upon grounds neither argued nor raised by counsel on either side,” and cites Seaton v. Ruff, 29 Ill. App. 235, C. C. Ry. Co. v. Van Vleck, 40 Ill. App. 267; and E. St. L. S. Ry. Co. v. Stout, 47 Ill. App. 546, as authority that such practice is wrong.

It is true that there was no argument that can fairly be treated as such, of the quality of the evidence, and yet there was such mention of the objectionable character of that evidence as would put us in the wrong to…