McCormick

On October 23, 1888, the judgment of the court below was affirmed herein, upon an opinion written by *36 Commissioner Belcher, concurred in by Commissioners Foote and Hayne, and adopted by this court: McCormick v. Sheridan, 77 Cal. 253 , 19 Pac. 419 . On November 23d a petition for a rehearing, signed, “Shafter, Parker & Waterman, Attorneys” for appellant, was filed herein. Upon reading the said petition we were surprised to find statements therein which were intended apparently to reflect on the good faith and diligence of the commissioner who had written the opinion. Among other things, the author of the petition said: “The decision of the honorable commissioner, affirmed by this court, is wholly contrary to law and the evidence shown in the record here. How or why the honorable commissioner should have so effectually and substantially ignored and disregarded the uncontradicted testimony of unimpeached witnesses given at the trial, and shown in the transcript, we do not know, nor can we conjecture; that he has done so is evident.....From the opinion upon which the decision is based, it seems to us that neither the transcript nor our briefs could have ever fallen under the…