Thies v. Thies

The following opinion on rehearing was filed December 26, 1919. Former judgment adhered to.

Sedgwick, J.

In onr former opinion in this case, ante, p. 499, the judgment of the lower court was affirmed, on the ground that it was.sought to review the findings of fact of the trial court, and the evidence was not contained in the record so that the court could retry the issues - of fact involved, as the statute requires.- Upon the motion for rehearing it was contended that this question had not been presented by the parties, and that, therefore, the defendant had had no opportunity to discuss the…