254 P. 1069 | Mont. | 1927
delivered the opinion of the court.
The above-entitled cause was heretofore before this court on an appeal from an order settling the accounts of the administrator. (74 Mont. 468, 241 Pac. 655.) In reversing the order of the court and remanding the cause for further proceedings it was by this court said, in disposition of the costs of appeal: “The appellant shall recover his costs.”
On December 19, 1925, after a remittitur from this court had been received and filed by the clerk of the district court,
That which is said in disposition of the companion appeal, No. 6066, entitled “In the Matter of the Estate of Elizabeth Woods Jennings, Deceased. James G. Woods, as Administrator of the Estate of Elizabeth Woods Jennings, Deceased, and as an Individual, Plaintiff and Respondent, v. Harvey L. Woods and Carrie M. Ammerman, Defendants and Appellants, ’ ’ ante, p. 73, 254 Pac. 1067, is applicable and determinative of this appeal.
The district court’s order of January 23, 1926, is upheld, and the cause is remanded to the district court of Sweet Grass county, with directions to vacate and set aside the amendatory order of July 6, 1926.
Reversed and remanded.