Montana Lumber & Manufacturing Co. v. Obelisk Mining & Concentrating Co.
Montana Supreme Court
Appeal from Fifth Judáoial District, Jefferson County. Action to foreclose lien. A decree was rendered for plaintiffs below, by Showers, J., and modified on appeal: 15 Mont. 20. The directions to modify the judgment not being complied with the plaintiff appeals. It was the duty of the lower court upon the filing of the remittitur to obey the mandate of the Supreme Court and enter judgment in accordance with the opinion expressed in the cause.
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Appeal from Fifth Judáoial District, Jefferson County. Action to foreclose lien. A decree was rendered for plaintiffs below, by Showers, J., and modified on appeal: 15 Mont. 20. The directions to modify the judgment not being complied with the plaintiff appeals. It was the duty of the lower court upon the filing of the remittitur to obey the mandate of the Supreme Court and enter judgment in accordance with the opinion expressed in the cause. (Hayne on New Trial and Appeal, § 299; Neinlen v. Ma/rtvn, 59 Cal. 181; Keller v. Lewis, 56 Cal. 168; JDonner y. Palmer, 15 Cal. 181.)
1Opinion of the CourtDe Witt, J.
This is the same case as that decided by this court September 21, 1891, reported in 15 Mont. 20.
In the opinion on the former appeal we said : “If this was a case where some particular piece of machinery had been added to a mill owned and leased along with the mine, it would of course, be proper to restrict the lien for such machinery to that which was added by the lessee, and such ruling would be in conformity with the views here expressed, because it is here held that the lien for things furnished the lessee cannot extend to the interest or estate of the lessor; but there is no contention in…
2Cases cited1 opinion
- Montana Lumber & Manufacturing Co. v. Obelisk Mining Concentrating Co.Montana Supreme Court · 1894
3Cited by6 opinions
- Vonica v. Unknown Foreign & Non-Resident Heirs of Eli StoianMontana Supreme Court · 1960
- In Re Stoian's EstateMontana Supreme Court · 1960
- State Ex Rel. Olson v. District Court of the Nineteenth Judicial DistrictMontana Supreme Court · 1979
- State Ex Rel. St. George v. District CourtMontana Supreme Court · 1928
- Jangula v. United States Rubber Co.Montana Supreme Court · 1967
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