More v. More

On Motion for Rehearing.

In their motion for rehearing appellees complain that the court has found certain facts which, under the holdings in the original opinion, are to be passed upon in the trial court. We have revised the language of the originial opinion to meet these objections.

Appellees ajso complain that this court sustained certain of appellants’ assignments of error which are improperly formed or presented. It is perhaps true that some of these objections are well taken, and that if reversal depended upon those assignments they would have to be disregarded by this court. But, as it was decided that the judgment must be reversed regardless of those particular assignments, it was deemed proper to discuss and dispose of those matters, even though ineffectually presented. The saíne may be said of certain testimony objected to on appeal, the admission of which may not have constituted reversible error because like testimony was admitted from other witnesses without objection.

Appellees’ motion for rehearing will be overruled.