61 Wash. 659 | Wash. | 1911
Lead Opinion
In June, 1904, respondent brought an action against appellants, alleging the ownership of the south half of lot 2, block 109, of the original townsite of Port Townsend, and praying judgment, for the recovery of possession; for the rental value while out of possession; to quiet his title as against any claim, interest, or right of defendants; to enjoin defendants from asserting any claim to the premises; and to declare a lien for the taxes paid thereon. A demurrer was interposed to the complaint, which being sustained, respondent refused to plead further, and judgment of dismissal was entered against, him, from which judgment he appealed to this court. On September 18, 1905, this court filed an opinion in which the ruling of the court below in sustaining the
In the trial below, many unnecessary issues were made and passed upon by the court in its findings, to a number of which appellants take exception. Upon the judgment of this court there was but one issue to be tried — thé amount of taxes paid by respondent, which amount being found, it was the duty of the court below, as directed by this court, to decree a lien upon the premises. Appellants in their brief raise many questions concerning matters prior and subsequent to the first appeal, which they urge should be taken into consideration by us in determining the rights of the parties. We have no concern with any controversy between the parties, save only the one properly before us, and that is, the finding and decree made by the court below determining the amount of taxes paid and establishing the same as a lien. That was the plain mandate •of this court in its judgment upon the first appeal, and was
Pinding no error committed by the court below in obeying and following the mandate of this court as contained in the judgment and remittitur upon the first appeal, the judgment is affirmed.
Dunbar,, C. J., and Crow, J., concur.
Concurrence Opinion
(conciirring) — I concur solely on the ground that the question sought to be raised on this appeal is foreclosed by the opinion of the court on the former appeal.