Tuttle v. Rohrer
| Decision Date | 06 December 1915 |
| Docket Number | 822 |
| Citation | 149 P. 857,23 Wyo. 305 |
| Parties | TUTTLE v. ROHRER |
| Court | Wyoming Supreme Court |
Original Opinion of June 29, 1915, Reported at: 23 Wyo. 305.
Rehearing denied.
ON PETITION FOR REHEARING.
In this case the opinion was handed down June 29, 1915. (149 P. 857.) On July 28, 1915, plaintiff in error filed three copies of a paper entitled; "Petition for Rehearing"; and on August 4, 1915, he filed two additional copies of the same. The paper filed does not pray for a rehearing unless its title may be so considered; but is in substance a brief. If it be considered what it is entitled, then it is not accompanied by a brief as required by the rules; or if it is to be regarded as a brief, then no petition for rehearing has been filed. But assuming that it is a combination of both, still it does not comply with the rule. Rule 23 is as follows: Whatever construction is to be placed upon the paper filed, it does not comply with the rule, as only three instead of five copies were filed within the required time. We have, however, examined the points presented and the arguments advanced, but do not deem them meritorious. The court duly considered and decided what it deemed the real questions of law involved without regard to the fact that certain allegations in the petition, of matters which the plaintiff evidently considered material to allege and prove in order to maintain his action, were denied in the answer to which he filed a general demurrer. We have never understood that a demurrer should be sustained to a denial.
Rehearing denied.
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