Browne v. Fechner

On Motion for Rehearing.

We are not permitted to look to the evidence in testing the verdict, as has been repeatedly held by our courts; and, while no issue is made by the pleadings of the parties regarding ownership by plaintiffs of the note during the cotton season of 1910, we are not permitted to find that no such issue was made by the evidence. Plaintiffs’ petition shows that they, as members of the old firm of Tewes & Richter, each owned a one-fifth interest in the note during said cotton season, and one of them purchased the interests of the other partners in November, 1911. If the…