Shepherd v. Dougan

AILSHIE, J.,

Specially Concurring. — When this case was here before, 58 Ida. 543, 76 Pac. (2d) 442, p. 449, I expressed the opinion, on petition for rehearing, that the previous judgment of the court was “erroneous in so far as it awards a lien against the property” involved in the litigation. The majority of the court, however, reached a different conclusion and directed the trial court “to enter a decree awarding a lien .... on the hotel property in favor of appellant. ’ ’ I still entertain the same views I expressed at that time. Notwithstanding my personal views, this court reversed the…