Mulcahy v. Glazier

         OPINION          By the Court, on petition for rehearing:

         In Dowd v. Clark ante (p. 362), it was expressly admitted by counsel that findings of fact had not been waived in the court below, and the attention of this court was not addressed to the question of the presumption of waiver. It is now settled that a waiver of findings will be presumed where the failure to waive is not made to appear by bill of exceptions or other appropriate method.

         The former opinion will, therefore, stand as the opinion of the court, and rehearing is denied.