Smith v. Canyon County Consolidated School District No. 34

This cause was before this court on a former appeal. (Smith v. Canyon County C. S. Dist., 39 Ida. 222, 226 Pac. 1070.) Upon the going down of the remittitur, the trial court entered a judgment. No appeal is taken from that judgment. The trial court interpreted the remittitur as directing judgment but authorizing it to grant a new trial upon facts involved in one ground alleged to support the case of plaintiff, appellant, therein. The court thereupon entered an order granting defendants a new trial, based solely upon the remittitur, “upon the sole and only question of the validity and legality…