Elliott v. Cale

• Decision Date: 29 February 1888
• Docket Number: 11,804
• Citation: 14 N.E. 708,113 Ind. 383
• Parties: Elliott v. Cale et al
• Court: Indiana Supreme Court

14 N.E. 708

113 Ind. 383

Elliott v. Cale et al

No. 11,804

Supreme Court of Indiana

February 29, 1888

Original Opinion of December 22, 1887, Reported at: 113 Ind. 383.

OPINION

Zollars, J.

In response to the petition and argument for a rehearing in this cause, we deem it sufficient to say, that all of the difficulties pointed out by counsel as necessary to be met in the practical application of the act of 1875 in the various cases that may arise, were considered upon the hearing. Nothing was written especially upon the questions now suggested, because their formal decision was not necessary to a decision of the case before the court. It was then, and is now, thought best not to write upon those questions until a case shall be presented in which they shall be so directly involved as that their decision shall be necessary and proper to a proper disposition of the case.

Petition for a rehearing overruled.