Jones White v. Park

Supplemental Opinion on Petition eor Rehearing.

Kintzinger, J.

In her petition for rehearing, appellant claims:

1. That this court was wrong in holding that it is bound by the facts found by the lower court; and

2. That this court was wrong in holding there was no prior adjudication..

I. It is the settled rule of law in this state that where a law action is tried to the court without a jury, the finding of facts by the lower court has the same effect as the verdict of a jury, where there is any evidence to substantiate the finding of the lower court. Butterworth v. Farmers & Merch. St. Bank, 211…