Smith v. Smith

When this case was in Department the judgment and order appealed from were affirmed upon an opin-^ ion prepared by Mr. Commissioner Haynes. After further con-' sideration, we are satisfied with the conclusion there reached, and with the opinion then delivered as to the points therein discussed. But the appeal was inadvertently considered as though the motion for a new trial had been based upon a statement of the case, and certain rulings as to the admissibility of evidence were not considered because not included in the specifications of errors. As a fact, however, the part of the transcript which contains the evidence and rulings, although substantially a statement, is designated as a “bill of exceptions,” and in such case, under the code and former decisions, no specifications of errors of law are required. When this inadvertence was called to the attention of the court by the appellant, in a petition for a *186 hearing in Bank, the petition was granted. Counsel for appellant were, therefore, not in fault in not specifying the alleged errors. The only additional questions to be considered are whether or not the court below committed a reversible error in either of the rulings…