STATE OF NORTH DAKOTA, ex rel Laureas J. Wehe a commissioner of the North Dakota Workmen’s Compensation Bureau, Respond-ent, v. LYNN J. FRAZIER, as Governor of the State of North Dakota. Appellant.
(184 N. W. 874.)
Appeal and error—trial court must enter judgment as directed by Supreme Court.
It is the duty of the lower court, on the remand of a case, te comply with the mandate of the appellate court and obey the directions therein. Hence, where the Supreme Court directs that a judgment be modified in certain particulars, and, as thus modified, affirmed, it is the duty of the court below to modify the original judgment as, and only as, directed; and it has no power to make other modifications or changes in such judgment. It is held that in the instant case the trial court correctly interpreted and carried out the mandate of the appellate court.
Opinion filed Oct. 12, 1921.
Appeal from the District Court of Burleigh County, Nuessle, J.
Defendant appeals from an order denying motions for an amendment and modification of a judgment.
Affirmed.
Per Curiam Opinion.
William Lemke, Atty. General; George K. Foster, Asst. Atty. General; Philip Elliott and C. A. Marr, for appellant.
There can be no doubt that at its inception the suspension was valid. The power to suspend an officer is incidental to the power to remove for cause. 29 Cyc. (Officers) 1405; State v. Megaarden, 85.Minn. 41, 88 N. W. 412; 89 Am. St. Rep. 334; State v. Peterson, 50 Minn. 244; 52 N. W. 655; Chase v. Providence, 36 R. I. 331, 89 Atlantic 1066; Am. Cas. 1916 C. 1257; Griner v. Thomas, 101 Tex., 36; 104 S. W. 1058, 69, 16 Ann. Cas. 944; State v. Linge, 26 Mo. 496; State v. Police Commissioners, 16 Mo. App. 48; Shannon v. Portsmouth, 54 N. H. 183.
