Martin v. Martin

The respondent moved for a rehearing, and the following opinion was filed December 17, 1901:

Cassoday, C. J.

In this motion for a rehearing we are asked to modify the mandate contained in the opinion filed. It will be observed that the judgment of the trial court was “ affirmed in all respects, except so much thereof as divides the property and makes allowances to the plaintiff.” That part of the judgment was reversed, because the trial court seemingly overlooked the statute, which required the court *322in such division and distribution to include “so much of the estate of tbe wife as ” bad been…