240 F. 129 | 4th Cir. | 1916
This case was decided at the May term, 1916. A petition for rehearing was presented June 17, 1916, in which it appears that plaintiff in error grouped the evidence in narrative form, but opposing counsel objected to the same; that the matter was then presented to the trial judge, who refused the request of plaintiff in error to incorporate the same as a part of the record. This question was presented to us in the first instance in the nature of a motion that the cause be remanded to the court below, with instructions to transmit to this court the proposed statement. The motion was not accompanied' by a copy of the proposed statement of evidence, so that we might determine as to whether it was material
The petition for rehearing in this instance is based upon the motion at the former hearing to remand this cause, with instructions to the lower court to settle and determine the controversy between the parties as to the prepared statement to which we have referred. This motion, for the reasons stated, is denied. It is further based upon three assignments of error. We think that the second and third assignments of error are without merit. The fourth assignment is in the following language:
“•The court erred in making its last-mentioned order sustaining the plaintiff’s motion ior judgment, and entering judgment against the defendant for the sum of $8,726.85, with interest from the said date and costs.”
Rehearing granted.