State ex rel. North Shore Boom & Driving Co. v. Nicomen Boom Co.

Citations

• 53 Wash. 499
• 102 P. 394
• 1909 Wash. LEXIS 1353

Syllabus

<p>Appeal — Decision—Judgment on Remand. A decree upon remand properly describes a boom site location where it follows a plat, findings, and complaint specifically referred to and upheld by the decision of the supreme court. ■</p> <p>Appeal — -Decision—Effect—Question Decided — Judgment Afteb Remand. Where the decision of the supreme court upholding a boom site location holds that the state has dominion, for the purpose of boom sites, over both land and water, and has conferred upon the boom company the right to operate a boom in certain waters, the decree upon remand properly designates the waters of the river to be appropriated, the decision of the supreme court being res judicata.</p> <p>Same. Where a complaint asks for an injunction against interference with a boom site, and such relief is denied, a judgment on appeal, which holds that such interference is unwarranted and must be restricted and that the conclusions of the trial court were erroneous, and directs a reversal accordingly, requires the entry, upon remand, of judgment granting the injunctive relief prayed for.</p>