Butler Paper Co. v. Sydney

SADLER, Chief Justice.

The appellee, plaintiff below, has moved for rehearing and, upon consideration thereof, our former opinion herein is withdrawn and this opinion is substituted.

The plaintiff sought recovery from defendant of the sum of $125 on account of a certain check, of which plaintiff claimed ownership, said to have been received by defendant and converted to his own use. The plaintiff having recovered judgment on defendant’s appeal from the justice court of precinct No. 28 in Colfax County, the defendant prosecutes this appeal.

Although numerous errors are assigned and these divided…