The report of the referees is to be rejected only for reasons that would justify the reversal of a jury's verdict. Ivins v. Hardy et al (1950), 123 Mont. 513, 217 P.2d 204. In other words, if there is substantial evidence to support the referees' report, it is to be confirmed by the court.
ts are as conclusive as those of any other court. They not only establish facts, but also settle the law, so that the law as decided upon any appeal must be applied to all the subsequent stages of the cause, and they are res judicata in other cases as to every matter adjudicated.' See In re Smith's Estate, 60 Mont. 276, 199 P. 696, and Brennan v. Jones,, 101 Mont. 550, 55 P.2d 697, 700. "In Anderson v. Border, 87 Mont. 4, at page 8, 285 P. 174, 176, Chief Justice Callaway, speaking for this court said: `The greater portion of appellant's exhaustive brief is devoted to an attempt to demonstrate that our former opinion in this case is erroneous but the short answer is that as to all points which were directly involved in, and were passed upon, in the former appeal, and which are involved in this case, whether the opinion is right or wrong, it is the law of the case, was binding upon the trial court, and is binding upon us.' See also: Apple v. Edwards, 123 Mont. 135, 139, 211 P.2d 138; Ivins v. Hardy, 123 Mont. 513, 516, 217 P.2d 204; Lake v. Emigh, 121 Mont. 87, 91, 190 P.2d 550; Carlson v. Northern P. Ry. Co., 86 Mont. 78, 281 P. 913, 914; Neary v. Northern P. Ry. Co., 41 Mont. 480, 110 P. 226, 235; Finlen v. Heinze, 32 Mont. 354, 366, 80 P. 918." Emphasis supplied.
Appellants rely on DeHaan v. Gallatin-Madison Ranch (1991), 250 Mont. 304, 308, 820 P.2d 423, 426, for the proposition that the report of the referee is to be rejected only for reasons that would justify the reversal of a jury's verdict. In DeHaan, this court cited Ivins v. Hardy (1950), 123 Mont. 513, 518, 217 P.2d 204, 206 ( Ivins II) for this proposition. See also Ivins v. Hardy (1958), 134 Mont. 445, 454, 333 P.2d 471, 475, cert. denied, 359 U.S. 1001, 79 S.Ct. 1141, 3 L.Ed.2d 1031 (1959) ( Ivins III).
DID THE DISTRICT COURT ERR AS TO THE RELEVANCE AND ADMISSIBILITY OF EVIDENCE ON REMAND? When, as in this case, this Court on appeal affirms in part the judgment of the District Court, and remands for reconsideration other parts of the appeal, those parts of the judgment which are affirmed become the law of the case and are binding upon the trial court and the parties in subsequent proceedings on remand In Re Stoian's Estate (1960), 138 Mont. 384, 357 P.2d 41; Ivins v. Hardy (1950), 123 Mont. 513, 217 P.2d 204; Lake v Emigh (1948), 121 Mont. 87, 190 P.2d 550. In our first Opinion in this cause, this Court found that certain findings were supported by the evidence and included "findings on public savings, on rates and charges, on cooperation between Mountain Water and the City, and on the effect of having Mountain Water's home office in Missoula."
In Anderson v. Border, 87 Mont. 4, at page 8, 285 P. 174, 176, Chief Justice Callaway, speaking for this court, said: "The greater portion of appellant's exhaustive brief is devoted to an attempt to demonstrate that our former opinion in this case is erroneous, but the short answer is that as to all points which were directly involved in, and were passed upon, in the former appeal, and which are involved in this case, whether the opinion is right or wrong, it is the law of the case, was binding upon the trial court, and is binding upon us." See also: Apple v. Edwards, 123 Mont. 135, 139, 211 P.2d 138; Ivins v. Hardy, 123 Mont. 513, 516, 217 P.2d 204; Lake v. Emigh, 121 Mont. 87, 91, 190 P.2d 550; Carlson v. Northern P. Ry. Co., 86 Mont. 78, 281 P. 913, 914; Neary v. Northern P. Ry. Co., 41 Mont. 480, 110 P. 226, 235; Finlen v. Heinze, 32 Mont. 354, 366, 80 P. 918. As authority for the bringing of its suit in interpleader the plaintiff, Central Montana Stockyards, relies upon R.C.M. 1947, section 93-2825, which provides: "A defendant, against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such property, upon notice to such person and the adverse party, apply to the court for an order to substitute such person in his place, and discharge him from liability to either party, on his depositiong in court the amount claimed on the contract, or delivering the property, or its value, to such person as the court may direct; and the
In Anderson v. Border, 87 Mont. 4, 8, 285 P. 174, 176, this court said: "The greater portion of appellant's exhaustive brief is devoted to an attempt to demonstrate that our former opinion in this case is erroneous, but the short answer is that as to all points which were directly involved in, and were passed upon, in the former appeal, and which are involved in this case, whether the opinion is right or wrong, it is the law of the case, was binding upon the trial court, and is binding upon us." Also, see, Apple v. Edwards, 123 Mont. 135, 139, 211 P.2d 138; Ivins v. Hardy, 123 Mont. 513, 516, 217 P.2d 204; Lake v. Emigh, 121 Mont. 87, 91, 190 P.2d 550. Both the law and the facts are with the plaintiff in this action.
The facts are stated in our first opinion and further statement thereof is unnecessary here. The law as laid down in the former opinion is the law of the [1] case and must be adhered to by us on this appeal. Ivins v. Hardy, 123 Mont. 513, 217 P.2d 204; Anderson v. Border, 87 Mont. 4, 285 P. 174; Carlson v. Northern P. Ry. Co., 86 Mont. 78, 281 P. 913. Upon retrial the Hon. W.R. Flachsenhar, district judge, was called in to try the case without a jury.