Stauffer v. Exley

DENMAN, Chief Judge

(dissenting).

The petition for rehearing should be granted.

This court should not create against appellee an issue not in the record, thus giving, her opponents two bites at the cherry.

The compulsion-of .appellants’ payment of costs while giving them a reversal tells the story, for they chose to litigate the appeal without the transcript of the proceeding the district court is ordered to repeat.