Holtzman v. Bennett

Adopts brief in No. 2634, supra. Adopt brief in No. 2636, infra.

OPINION

This case is before the court upon a separate appeal by the defendant H.G. McCulloch. The record in the case is identical with that of the case of Holtzman v. Bennett et al. (No. 2634)229 P. 1095, this day decided. That appeal is from the judgment and order denying a motion for a new trial.

All of the questions presented herein are disposed of in case No. 2634, except the one hereinafter considered, and we need not reconsider questions so disposed of.

1, 2. It is insisted that the court erred in ordering that appellant be…