On Motion for Rehearing.
Appellee vigorously assails the action of this court in considering appellant’s assignments of error, contending that in briefing those assignments appellant flagrantly disregarded the rules promulgated by the Supreme Court governing the presentation of causes on appeal. Appellee’s complaints are largely justified, for as a matter of fact appellant has not complied with the rules in presenting his cause here, and this court would be justified in disregarding his assignments of error, as presented here. But, as we understand it, the strictness with which the rules shall be enforced here is a matter largely within the discretion of this court, depending upon the facts peculiar to each case, and when the justice of the case seems to us to warrant it we deem it our duty to exercise that discretion and consider the assignments of error, regardless of the fact that in presenting them the appellant has not followed the rules laid down by the Supreme Court for his guidance. This appeal seems to us to present such a case, and it is on that account that we have deemed it proper to consider the assignments of error.
Appellee’s motion for rehearing is overruled.