On Motion for Rehearing.
In disposing of this case on the original hearing the writer did not discuss the facts at length or the assignments of error in detail, because he felt that no useful purpose could be served by so doing. While an extended discussion of facts and assignments in this character of cases may interest the litigants concerned and their attorneys, it rarely benefits the profession at large. But the fact that all the issues involved are not discussed in detail in the written opinion is not, so far as this court is concerned, to be taken as evidence that the record was. not examined, or that the questions raised were not carefully considered. We regard this case as purely one of fact. The evidence has again been examined, and we feel justified in saying that the material and controlling conclusions upon which the judgment must be sustained are amply warranted by the testimony. We are further of the opinion that the judgment rendered in the court below is not only legally correct, but is a just and fair disposition of the controversy upon its merits.
The motion for rehearing is overruled.