¶1On Petition to Rehear
¶2Davidson County has filed a dignified, courteous and forceful petition to rehear in this cause.
¶3After reading and re-reading this petition with exhibits filed thereto, we are more convinced than ever that the trial judge should have allowed the amendment to the declaration as shown in our original opinion. The *402exhibits to this petition to rehear show that these parties had filed with the court a petition for a jury of inquest, setting forth the fact that these things were being taken by the right of eminent domain. This petition for an inquest was dismissed under the plea of the statute of limitations. Of course, these matters under these exhibits here filed are not for us, but they do show what we said in our original opinion, and make it more evident than ever that those things were before the trial judge and he should have allowed the motion to amend amplifying and fully setting forth the facts of the lawsuit.
¶4The additional argument is likewise made that the suit here should be dismissed because the assignments of error were not filed in compliance with our rules. We see no reason, under this additional argument, to change what we said in the original opinion.
¶5For the reasons herein expressed, the petition to rehear will be denied.