Schrag v. Blaze Fork Drainage District

The opinion of the court was delivered by

Hutchison, J.:

This is an appeal from a judgment dismissing an action without prejudice where the original judgment of the district court awarded the plaintiff an injunction against the defendant, which judgment on appeal was reversed and remanded. The appellant claims the court erred in sustaining the appellee’s application to dismiss the case without prejudice after it had been reversed and remanded, and that under the mandate the court should have rendered a judgment dismissing the case with prejudice.

The action was one by John J. Schrag against the…