North Dakota Supreme Court September 13, 1932, File No. 6038. (Ose v. O'Connell)

A rehearing was granted and the matter again presented to the court — the main emphasis being laid on the weight and effect of the evidence introduced. We have again reviewed the evidence and while it is suggested the court could remand the case for the taking of further testimony there is nothing to indicate further evidence can be secured, and this is not a case properly triable to the court.