80 Cal. 323
22 P. 186
C. C. SMITH, Appellant,
v.
E. H. SMITH, Respondent
No. 12955
Supreme Court of California
September 26, 1889
80 Cal. 323 at 330.
Original Opinion of September 3, 1889, Reported at 80 Cal. 323.
OPINION
THE COURT 330 A second petition for rehearing having been filed, the following opinion was rendered thereon on the 26th of September, 1889:
The Court.
A rehearing herein is denied, but the former judgment of this court is modified so far as to reverse the judgment of the superior court as to the costs taxed therein, leaving said costs to abide the ultimate determination of the action.