Smith v. Smith

When this case was in Department the judgment and order appealed from were affirmed upon an opin-^ ion prepared by Mr. Commissioner Haynes. After further con-' sideration, we are satisfied with the conclusion there reached, and with the opinion then delivered as to the points therein discussed. But the appeal was inadvertently considered as though the motion for a new trial had been based upon a statement of the case, and certain rulings as to the admissibility of evidence were not considered because not included in the specifications of errors. As a fact, however, the part of the transcript…