Phillips v. Salmon M. & D. Co.

SULLIYAN, C. J. This is a motion to dismiss an appeal on the ground that the judgment entered by the trial court was in conformity with the opinion and mandate of this court in the same case reported in ante, p. 149, 72 Pac. 886. On the authority of the Idaho Comstock M. & M. Co. v. Lundstrum, post, p. 785, 76 Pac. 762, the motion to dismiss this appeal is granted with costs in favor of the respondent. Stpckslager, J., concurs. • Ailshie, J., took no part in the decision.