Hall v. Blackman
Idaho Supreme Court
APPEAL from District Court in and for Elmore County. Honorable Kirtland I. Perky, Judge. Action by Adin M. Hall and others against Wm. H. Black-man and others. From a judgment in favor of Blackman plaintiff Hall appeals. cites no authorities. We believe no one will care to assert that the jurisdiction: of this court at this time in this case extends any further than, to ascertain if the lower court properly carried into effect the directions contained in the mandate to it.
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APPEAL from District Court in and for Elmore County. Honorable Kirtland I. Perky, Judge. Action by Adin M. Hall and others against Wm. H. Black-man and others. From a judgment in favor of Blackman plaintiff Hall appeals. cites no authorities. We believe no one will care to assert that the jurisdiction: of this court at this time in this case extends any further than, to ascertain if the lower court properly carried into effect the directions contained in the mandate to it. There can be no-re-examination of the facts and no reconsideration of the law. The rule known as the law of the case…
1Opinion of the CourtAilshie, J.
This case was decided upon a former appeal by this court on January 31, 1902, and is reported in 8 Idaho, 497, 68 Pac. 19. After an extended discussion of the various questions involved in the case, this court announced its conclusion in the following language: “It is apparent that a new trial would entail a great expense upon the parties, and would fail to benefit them, and for that reason we think it is to the interest of all parties that the cause be remanded to the trial court, with instructions to modify the findings of fact and judgment in accordance with the views expressed in this…
Also in this document: Concurrence.
2Cases cited5 opinions
- Frazier v. JeakinsSupreme Court of Kansas · 1902
- Hall v. BlackmanIdaho Supreme Court · 1902
- Keller v. LewisCalifornia Supreme Court · 1880
- Heinlen v. MartinCalifornia Supreme Court · 1881
- Hadley v. ClarkIdaho Supreme Court · 1902
3Cited by27 opinions
- Mathers v. MathersIdaho Supreme Court · 1926
- Weil v. DefenbachIdaho Supreme Court · 1922
- Creem v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1937
- Henderson v. Twin Falis CountyIdaho Supreme Court · 1938
- Neilsen & Co. v. Cassia & Twin Falls County Joint Class a School District 151Idaho Court of Appeals · 1982
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