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McDowall v. Walters

Supreme Court of Wyoming
Apr 26, 1961
361 P.2d 528 (Wyo. 1961)

Opinion

No. 2964

April 26, 1961.

Appeal from District Court, Laramie County; Allen A. Pearson, Judge.

On petition for rehearing.

For original opinion see 360 P.2d 165.

Henderson Godfrey, Cheyenne, for appellants.

Edward T. Lazear, of Loomis, Lazear Wilson, Cheyenne, for appellee.

Before BLUME, C.J., and PARKER, HARNSBERGER and McINTYRE, JJ.


Appellee's petition for rehearing appears to be based upon the assumption that this court has made certain erroneous findings of fact. It was made sufficiently clear in the original opinion that only the trier of the facts, in this case a jury, can say what the true facts were. As stated in that opinion, we do not pretend to say what findings of fact a jury would have made from the evidence adduced, and it would serve no purpose to continue to discuss the matter as to which are the correct and which are the incorrect conclusions to be drawn from said evidence.

Rehearing denied.


Summaries of

McDowall v. Walters

Supreme Court of Wyoming
Apr 26, 1961
361 P.2d 528 (Wyo. 1961)
Case details for

McDowall v. Walters

Case Details

Full title:MINNIE McDOWALL AND JAMES McDOWALL, WIFE AND HUSBAND, APPELLANTS…

Court:Supreme Court of Wyoming

Date published: Apr 26, 1961

Citations

361 P.2d 528 (Wyo. 1961)