Cunningham v. Costello

This is an appeal by the plaintiffs from the judgment involved in the case of Mary M. Costello, as Executrix, etc., Appellant, v. Mary Aileen Cunningham and Patricia Julia Cunningham, Minors, by and through Their Guardian, Emil Marks, Appellees, numbered 1382, just decided, ante, p. 447, 147 Pac. 701. For the statement of the *481facts we refer to the statement and opinion rendered in that cause.

These appellants made no motion for a new trial, and they therefore waived all questions triable upon a hearing of such motion. As we have ordered the judgment vacated at the instance of the appellee and…