Brewer v. Browning

Citations

• 115 Miss. 358
• 76 So. 267

Syllabus

<p>1. Appeal and Error. Law of the case.</p> <p>The well recognized rule that the court ordinarily after having laid down principles governing a case on one appeal will not review its holdings on a subsequent appeal but will ordinarily adhere to its former decision and not inquire into its correctness, is not so fixed and binding upon the court, that it may not depart from its former decision in a subsequent appeal, if the former decision in its judgment is clearly erroneous and would lead to unjust results and especially where no rights have accrued in reliance upon its former decision. '</p> <p>2. Adoption. What law governs. Inheritance.</p> <p>Where a child was adopted in the state of Kentucky, under whose laws it- inherits land from its adoptive parent, and upon its decease in infancy without issue the land so inherited reverts to the next of kin of such adoptive parent, such inheritance rules do not violate the Constitution or public policy of Mississippi, and will be applied to lands situated in this state.</p> <p>On Suggestion op Error.</p> <p>3. Courts. Previous decisions as precedents. Power to overrule.</p> <p>Under Constitution 1890, section 144, vesting the judicial power of the state in the supreme court and such other courts as are provided for in the Constitution, and under section 146, providing that the supreme court shall have such jurisdiction as properly belongs to a court of appeals there is no limit of the appellate jurisdiction that may be conferred upon the supreme court, and such court has the power to overrule or change its decision whenever they are in its opinion erroneous or wrongful; and such change of decision would not violate the rule of res adjudicata.</p> <p>4. Courts. Erroneous decisions. Litigants.</p> <p>A litigant has no vested interest in a court’s mistake where the mistake is discovered before the final ending of the litigation.</p>