Ratcliffe v. Ormsby

At a former day of this term an opinion was rendered in this cause affirming the judgment of the trial court on the ground that the assignments presented disclosed no error, and there was no fundamental error apparent. Upon more mature consideration of the ease on rehearing we have concluded that the transcript, without reference to the statement of facts, discloses error in the rendition of this judgment, necessitating its reversal. The original opinion will therefore be withdrawn, and this opinion on rehearing substituted therefor.

Plaintiff in error, as assignee of the Republic Rubber…