Baker v. Baker

On Motion for Rehearing.

MURRAY, Justice.

A majority of this court has decided that we were in error in reversing and remanding a part of the judgment of the trial court, and have concluded that the entire judgment should be affirmed.

At the conclusion of all testimony appel-lee filed a written motion in the trial court, requesting that the jury he discharged and that the court proceed to decide the case, without the intervention of the jury. This motion was not resisted by appellant in any way, nor was the court’s action in'discharging the jury excepted to by appellant. After the jury had been…