Swift v. Occidental Mining & Petroleum Co.

BEATTY, C.J.—

The appeal in this ease is from an order overruling a motion for a new trial. After affirmance of the order in Department, a rehearing was granted, because of the error there committed in holding that the specifications in the statement were insufficient to entitle the appellants to a review of the findings of fact for the purpose of determining whether they were sustained by the evidence.

The first part of the Department opinion, however, containing a statement of the case and disposing of certain contentions of the appellants, to the effect that the cross-complaint of defendant…