 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
 | Idaho. Supreme Court - 1914 - 906 páginas
...court, such decision becomes the law of the case in all subsequent proceedings in the same action, and is a final adjudication, from the consequences of...cannot depart nor the parties relieve themselves. (26 Am. & Eng. Ency. Law, 184; 3 Cyc. 395-397; 2 Spelling, New Trial and App. Prac., sec. 691 ; 2 Hayne,... | |
 | United States. Supreme Court - 1915 - 1212 páginas
...court, such decision becomes the law of the case in all subsequent proceedings in the same action, and is a final adjudication, from the consequences of...cannot depart nor the parties relieve themselves. Westerfield v. New York L. Ins. Co. 157 Cal. 339, 107 Pac. 699; Lindsay v. People, 1 Idaho, 438; Hall... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1916 - 816 páginas
...court, such decision becomes the law of the case in all subsequent proceedings in the same action and is a final adjudication, from the consequences of...cannot depart nor the parties relieve themselves. Westerfield v. NY Life Ins. Co., 157 California, 339; Lindsay v. People, 1 Idaho, 438; Hall v. Blackman,... | |
 | California - 1922 - 1450 páginas
...only authority to be followed or affirmed, modified or overruled, according to Its intrinsic merit; but in the case in which It is made It is more than authority, — it is final adjudication from consequences of which courts can not depart and the parties can not relieve... | |
 | 1896 - 582 páginas
...distinctly made, may be only authority in other cases, to be followed and affirmed, to be modified or overruled, according to its intrinsic merits; but...cannot depart, nor the parties relieve themselves."* "AVhen the law governing a case has been once declared by the opinion of an appellate court on a direct... | |
 | 1895 - 538 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...which it is made it is more than authority; it is an adjudication, from the consequences of which the court cannot depart, nor the parties relieve themselves."... | |
 | 1908 - 540 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 in the case in which it is made it is more than an authority — it is a final adjudication, from the consequences of which the court cannot depart,... | |
 | California. Supreme Court - 1906 - 804 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...which it is made it is more than authority; it is * final adjudication, from the consequences of which the court cannot depart nor the parties relieve... | |
 | California. Supreme Court - 1906 - 800 páginas
...amend its judgment Afl 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,... | |
 | California. Supreme Court - 1906 - 830 páginas
...distinctly made, la onij authority in other euea, to be followed and affirmed, or to be modified or overruled, according to its intrinsic merits ; but in the case in which it is made, it is a final adjudication, and constitutes upon a new trial or a second appeal, the law of the case. The... | |
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