¶1ON APPLICATION FOR REHEARING
¶2Decided Nov 12, 1935
¶3The above entitled cause is now being determined on application of plaintiff in error for rehearing.
¶4The original decision in the cause was rende: ed July 31st, 1935. Until today, we had no knowledge that application had been made for rehearing. This is due to the fact that counsel fur plaintiff in error has overlooked the provision of Rule XIII as found in 38 Ohio Appellate Reports in the early pages containing the Rules of Practice oi Courts of Appeals of Ohio.
¶5Rule XIII provides that applications for rehearing must be made to the Presiding Judge within ten days after the decision i» announced, one copy to be sent to each Judge and to each of opposing counsel.
¶6It is not proper to file the application for rehearing with the Clerk of Courts. It is not a pleading, but purely an application and directed to the court personally.
¶7Notwithstanding the irregularity, we have examined the application and the memorandum attached. We find no proposition not considered in the original opinion.
¶8Therefore the application for rehearing will be overruled.