Kupke v. Polk

The following opinion on rehearing was filed January 3, 1906. Reversed:

Sedgwick, J.

A general outline of many of the leading facts in the case may be found in the former opinion, ante, p. 590. The argument upon the motion for rehearing was for the most part directed to the question whether the special findings of fact by the trial court are sufficient to support the decree. The rule is settled in this state that where “special findings of fact are made, a reviewing court can look only to those findings, taking them as absolute verity, to ascertain whether the judgment rendered is in conformity…