On Motion for Rehearing.
It is insisted that we erred in stating in our original opinion that no exception had been made to the court’s findings of fact. We had examined the record and found that no exception to the findings had been noted in the judgment of the court. Such exceptions are only to be found in appellant’s motion for a new trial, upon which no ruling of the court appears to have been invoked or made, and in the assignments of error. Hence we made the statement now complained of. However, as may be seen from our original opinion, we nevertheless proceeded on the theory, according to some authorities, that a finding without evidence to support it would be fundamentally erroneous, and carefully considered the evidence as presented in the statement of facts, and concluded that the court’s findings were sufficiently supported. We yet retain that opinion, and hence the inaccuracy, if any, complained of, is wholly immaterial.
In other particulars as well, we retain the views originally expressed, and the motion for rehearing is accordingly overruled.