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Perkins v. Benguet Consol. Mining Co., 60 Cal.App.2d 845, 141 P.2d 19

Facts

Idonah Slade Perkins initiated an action against Benguet Consolidated Mining Company to recover dividends declared on specific shares of its capital stock. Following a previous appeal where the judgment was affirmed, the trial court amended its findings and judgment concerning an item of interest as directed by the appellate court. The defendant, Benguet Consolidated Mining Company, appealed again from this modified judgment.

After the return of the remittitur to the trial court, it amended its findings, conclusions and judgment in relation to the item of interest above mentioned, as directed by this court.

Issue

Whether the trial court's amended judgment regarding the item of interest was appropriate and in accordance with the appellate court's instructions.

Whether the trial court's amended judgment regarding the item of interest was appropriate and in accordance with the appellate court's instructions.

Rule

The appellate court affirmed the trial court's judgment based on the authority and reasoning set forth in the prior opinion.

Upon the authority of, and for the reasons set forth in, the prior opinion, the judgment appealed from is affirmed.

Analysis

The appellate court reviewed the modified judgment and found that it was in exact accord with the instructions provided in the prior opinion. Since no contention was made that the trial court's modifications deviated from the appellate court's directives, the court upheld the amended judgment.

No contention is made that the modified judgment is not in exact accord with the instructions to the trial court set forth in the prior opinion.

Conclusion

The appellate court affirmed the modified judgment of the trial court, concluding that it complied with the previous appellate instructions.

The judgment appealed from is affirmed.

Who won?

Idonah Slade Perkins prevailed in the case as the court affirmed the amended judgment in her favor regarding the dividends.

Idonah Slade Perkins prevailed in the case as the court affirmed the amended judgment in her favor regarding the dividends.

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