Woodward v. Perkins

I agree with much that is said in the foregoing opinion but do not concur in the conclusion reached.

I think the correct rule as to whether we will entertain an appeal from a judgment entered by the district court after an appeal to this court was stated in Kimpton v. Jubilee Placer Min. Co., 22 Mont. 107, 55 Pac. 918, 919. In that'case the judgment or decree appealed from had been entered after a former appeal, as here. The court pointed out that it had been entered "in obedience to, and in exact conformity with, the judgment and order of this court. ’ ’ The court held that the rights of the…