Stevens v. Ellsworth

64 N.W. 668, 94 Iowa 758, 1895 Iowa Sup. LEXIS 242

Opinion

Per Curiam.

In a petition for rehearing a point is urged, that, if the cause is to stand reversed, a retrial should only be as .to the issue taken on plaintiff’s petition, and not as to the counterclaim nor on the motion made to change the place of trial. In view of the grounds upon which a reversal is had, and the record, we concur in this view, and the cause is remanded for a new trial. Accordingly the petition for a rehearing is overruled..