Meheula v. Pioneer Mill Co.

OPINION OP THE COURT BY

HARTWELL, J.

The defendant’s exceptions taken at the trial in the circuit court of the second circuit in an action of ejectment having been overruled by this court, the defendant first filed a motion for rehearing, which was denied, no member of the court who joined in the opinion requesting the motion to be argued. This was the first instance of the practice under rule 5 concerning rehearing as recently amended so as to conform with the rule of the United States Supreme Court on the subject. The defendant thereupon moved “that a final judgment be entered *92herein in this…