The opinion
WELCH, J.
(dissenting). The ordinances were incorporated into the bond by reference and (on defendant’s motion to require same) complete copies were attached. Apparently during settling of the pleadings and at the trial the ordinances were considered by all as being sufficiently presented. It appears the defendants presented contentions based upon various provisions of the ordinances. _ Questions based on those contentions are important in settling the right and liabilities of the parties. I think we should consider them here, as they were considered in the trial court. It seems to me under all the circumstances the lack of formal introduction of the ordinances in evidence should not necessarily require reversal.