Roden v. Roden

— Plaintiff in her motion for rehearing urges that the decision of this court is contrary to all recognized principles of law and all precedent, and particularly to the provisions of paragraph 3861, Revised Statutes of Arizona of 1913, Civil Code in that we erred in holding the trial court’s judgment necessarily implied that plaintiff had wilfully and without cause deserted the defendant.

In our original opinion we were in error in stating that the reporter’s transcript had not been filed. The mistake is that of the writer of the opinion; and, since the statements as to the evidence were based…