Cornwell v. Moss

Citations

• 99 Kan. 522
• 162 P. 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin — Evidence—Partnership—Interest of Partners in Property Involved. Upon an examination of the evidence it is held to be sufficient to sustain a finding of the jury that plaintiff and another were partners in a farm enterprise and that he was the owner of a half interest in the personal property and entitled to the possession of the same as against the defendant.</p> <p>'2. Second Appeal — Issues Determined on Former Appeal. Ordinarily, a decision of questions which were presented upon a former appeal' or which were involved and might have been raised therein will be deemed to be the law of the case in a subsequent appeal where the issues are substantially the same, and herein it is held that the appellant in the second appeal is concluded on certain questions by the decision in the first appeal.</p>