Edsall v. Edsall

On Motion For Rehearing Appellant's motion for a new trial questions the correctness of several statements of fact contained in the original opinion. An examination of the record indicates two instances of error in our statement of the case. As urged by appellant, we were incorrect in stating that the judgment in cause No. 1376 which is also before this court on appeal, did not indicate the size of the herd of cattle. We did correctly state, however, that the findings of fact in cause No. 1376 indicated that the herd consisted of 95 grown cows, 50 heifers and 6 bulls. This finding corresponds with the provisions of the judgment in said cause and the erroneous statement is not such as to effect our holding on the point involved. We also erroneously stated that the findings of fact made in the companion case were made prior to the division of the cattle by the Master in Chancery. The findings of fact in cause No. 1376 were made on August 31, 1950. The cattle were divided by the Master in Chancery on August 21, 1950. The original and supplemental reports of the Master in Chancery, excerpts of which are set out in our original opinion, were filed on August 28, 1950 and September 7, 1950, respectively. Such original and supplemental reports were approved by order of the court dated September 15, 1950, and filed September 19, 1950. The Master in Chancery, purporting to act for the court in both cases, with all parties present, found only 143 head of cattle and divided only 143 head. As previously indicated, we are of the opinion that there is no conclusive showing that there was more than 143 head at the time of the judgment in this case. The court approved the action of the Master in Chancery and that approval came on September 15, 1950 after the findings of fact in cause No. 1376, which were filed on August 31, 1950. The court still had power under its findings and the later action superseded the former.