Phelps v. Great Northern Ry. Co.

Opinion:

On a former appeal in this case (66 Mont. 198, 213 Pac. 610) the cause was remanded to the district court with directions to grant the defendant a new trial unless within ten days after the filing of the remittitur the plaintiffs should give their consent in writing that said judgment be reduced in the sum of $1,020 and if such consent was given, thereupon the original judgment should be modified accordingly as of the date of its entry and as so modified should stand affirmed. Subsequent to that decision a remittitur was issued from this court, and within ten days after the same was…