 A previous ruling of the appellate court upon a point distinctly made may be only authority in other cases, to be followed and affirmed, or to be modified and overruled, according to its intrinsic merits. But. in the case in which it is made, it is more...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Página 249por Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, John Walcott Thompson, George L. Nye, Harmel L. Pratt, August B. Edler, Alonzo Blair Irvine, H. Arnold Rich, William S. Dalton - 1897Visualização integral - Acerca deste livro
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881 - 678 páginas
...ruling of the Appellant Court, upon a point distinctly made in the case * * * in which it is made, is more than authority, it is a final adjudication,...the parties relieve themselves, such has been the uniform doctrine of this court for years, and after repeated examinations and affirmations it cannot... | |
 | 1900 - 1164 páginas
...distinctly made may be only authority In other cases, to be followed and affirmed, or to be modified or overruled, according to its intrinsic merits. But...than authority; it is a final adjudication, from the consequence of which the court cannot depart nor the parties relieve themselves." The supreme court... | |
 | 1890 - 1182 páginas
...former decision in this court is considered. It is there said : " But in the case in which the decision is made it is more than authority; it is a final adjudication,...cannot depart, nor the parties relieve themselves." After stating that this has been the uniform doctrine of this court for years, and after repeated examinations... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1885 - 760 páginas
...distinctly made, may be only authority in other cases, to be followed or affirmed, or to be modified or overruled, according to its intrinsic merits, but...cannot depart, nor the parties relieve themselves. Phetan v. San Francisco, 20 Cal., 45, quoted in "Wells' Res Adjudicata and Stare Decisis, J 613. 2.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 páginas
...distinctly made may be only authority in other cases, to be followed or affirmed or to be modified or overruled according to its intrinsic merits ; but...consequences of which the court cannot depart nor the parties release themselves. Iliatt v. Brooke, 17 Neb., 33. Leighton v. Stuart 546 3. A party, by simply paying... | |
 | 1886 - 832 páginas
...distinctly made, may be only authority in other cases, to be followed, or affirmed, or to bo modified, or overruled, according to its intrinsic merits; but...final adjudication, from the consequences of which tha court can not depart, nor the parties relieve themselves:" Phelan v. Sat Francisco, 20 Cal. 45.... | |
 | California. Supreme Court - 1886 - 744 páginas
...its judgment. As •was said by Chief Justice FIELD, in Phelan v. San Francisco, (20 Cal. 39-45) ; in the case in which it is made, it is more than authority, it is a final adjudication from the consequence of which the Court cannot depart nor the parties relieve themselves. (Pollack v. McGrath,... | |
 | 1912 - 1360 páginas
...distinctly made may be only authority in other cases, to be followed or affirmed, or to be modified or overruled according to Its intrinsic merits, but in...cannot depart, nor the parties relieve themselves." In commenting upon this rule, we said: "This rule is necessary to the orderly and decent administration... | |
 | 1889 - 1240 páginas
...to be followed or affirmed, or to be modified or overruled, according to its intrinsic morits; butin the case In which it is made it is more than authority;...the consequences of which the court cannot depart, northe parties relieve themselves. Phelan v. San Francisco, 20 Cal. 45, quoted in Wells, lies. Adj.... | |
 | 1890 - 1178 páginas
...former decision in this court is considered. It is there said : " But in the case in which the decision is made it is more than authority; it is a final adjudication,...which the court cannot depart, nor the parties relieve thereselves." After stating that this lias been the uniform doctrine of this court for years, and after... | |
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