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• Title: Anne E. Tolman v. Emerson A. Tolman
• Author : Supreme Court of Idaho No. 10296
• Release Date : January 26, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

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This divorce action has been before this Court before.[Footnote 1] At that time we held that the district court had used the
wrong test against which to measure an increase in value to the respondent's separate property home which was alleged to have
resulted from contributions made by the community, and we remanded the case to the district court in order that a correct
determination might be made. We also remanded the case so that several assets of small value might be found to be either separate
or community property, and, if the latter, that it might be equitably divided. And, finally, our mandate to the district court
required it to make a finding on whether the appellant was owed three or three hundred shares of stock in E. A. Tolman, Inc.
On remand the district court made explicit findings and Conclusions on each of these three items, and it awarded the appellant
$200 for attorney fees incurred in the prosecution of her case on remand. The lower court refused the appellant's request
for $500 attorney fees for the first appeal to this Court however. The appeal now before us was taken to challenge the district
court's refusal to reopen questions of distribution of items of property other than those which were explicitly included in
our mandate, to attack the lower court's valuation and distribution of the items which were included, and to question the
rejection of the $500 attorney fees asked for the prior appeal. We, for the reasons set out below, affirm the trial court's
decision on the first two questions, and we reverse on the last issue. It is a sound rule of practice, and one to which we have long subscribed, that a trial court will restrict its consideration
in a remanded action to those questions specified in the mandate and will not reexamine issues already laid to rest by the
appellate court affirmance on the preceding appeal.[Footnote 2] The purpose of this precept is to cause litigation to come
to an end within some finite period. In Idaho our courts are particularly bound to follow this rule by statute; I.C. §
1-205 provides,

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