State ex rel. Riddell v. District Court

Certiorari. On appeal to this court by the defendants in a cause entitled Riddell v. Ramsey et al., 31 Mont. 386, 78 Pac. 597, a judgment in favor of plaintiff and an order denying defendants’ motion for a new trial were reversed. When the remittitur went down to the district court, the defendants filed with the clerk their verified memorandum of costs and disburse ments on the appeal and caused execution to be issued therefor as upon a judgment under the statute. (Code of Civil Proc., sec. 1869.) Thereupon the plaintiff filed his motion, supported- by affidavit, to the' effect that a copy of…