Benewah Creek Improvement Land & Logging Co. v. Milwaukee Lumber Co.

Upon a former appeal this cause was, on December 30, 1925, reversed and remanded, with direction to the trial court to enter judgment in accordance with the views expressed in the opinion. (Benewah Creek etc. Co. v. Milwaukee Lbr. Co., 41 Ida. 783, 242 Pac. 793.)

On September 28, 1926, final decree and order for mandatory injunction in favor of respondent were made and entered. Defendants thereafter took separate appeals. Respondent has moved to dismiss the same upon the ground that an appeal cannot lie from a judgment entered in conformity with the directions of the appellate court.

The…