Mower v. Mower

On Application for Rehearing.

Respondent has filed a motion for rehearing in which her claims of error are all with reference to matters argued and decided, except as to questions of fact, and as to those matters we express no opinion, since the case must be tried again. It is also contended that the ruling in this case is contrary to that in the case of Smith v. Hanson, 34 Utah, 171, 96 Pac. 1088, 18 L. R. A. (N. S.) 520. These cases are clearly distinguishable since the declarations rejected in the case of Smith v. Hanson were offered “as direct evidence of the facts declared” which brought…