Hyatt v. Hyatt

ON PETITION EOR A REHEARING.

Worden, J.

I cannot agree with the Chief Justice and Judge Downey, in overruling the petition for rehearing in this cause. I think the rehearing should be granted for the following reason.

The record in the cause contains no special finding of the facts whatever, though the evidence is set out.

In the original decision of the cause, this court, on the evidence alone, in conjunction, of course, with the pleadings, determine to raise the alimony allowed the appellant, from two to five thousand dollars. This, I think, under our practice, cannot be done in such case.…