Richmond's v. Wardlaw & Pogue

Motion for re-hearing by Appellants.

The appellants now move the court to grant a re-hearing in this case, and for that purpose submit the following:

The court in deciding the case have confounded the practice of 1849 with the old system, which is now not in use. To the case of Williams v. The Circuit Court (5 Mo. 254) belongs the credit of suggesting the practice that under the old system gradually grew up, by which motions for new trials were made essential to preserve for review the errors of the court below. But that case was, after all, the expression of one judge only; and has not been…