Idaho Comstock Co. v. Lundstrum

Idaho Supreme Court April 30, 1904

Idaho Comstock Co. v. Lundstrum, 9 Idaho 785 (Idaho 1904)

76 P. 762; 1904 Ida. LEXIS 93

Ailshie, Matter, Stockslager, Sullivan, Took

Opinion of the Court

SULLIVAN, C. J.

This is a motion to dismiss an appeal on the ground that the judgment entered by the trial court was not in accordance with the decision and mandate of this court in a former opinion in the same ease, which opinion is reported ante, p. 257, 74 Pac. 975. This court has carefully considered the judgment appealed from and find that it conforms-in every particular with the views expressed in the former opinion. That being true, the appeal must be dismissed, and it is-so ordered, with costs in favor of respondent.

Stockslager, J., concurs. Ailshie, J., took no part in the decision in this matter.

Reference

Full Case Name: IDAHO COMSTOCK COMPANY v. LUNDSTRUM
Cited By: 2 cases
Status: Published
Syllabus: Appeals, When Dismissed. 1. When a case has been remanded from this court with instructions to enter judgment in accordance with the views expressed in the decision of this court, or to modify the judgment to make it consistent with the views expressed in such opinion, and that is done by the trial court, an appeal thereafter taken from said judgment so entered will be dismissed on motion. (Syllabus by the court.)