Clausen v. Miller

(On petition for rehearing.) In a petition for rehearing appellant says the court is in error in stating that the respondent in the lower court — the appellant heré — waived compliance with the requirement that specification of the insufficiency of the evidence must set forth the particulars wherein the evidence is said to be insufficient.

There' is nothing in the statement of the case showing any objection by appellant. The statute prescribes how the statement of the case is made and what constitutes this statement. It is the appellant’s duty to see that the statement of the cáse is made up…