Davenport v. Kleinschmidt

Citations

• 8 Mont. 467

Syllabus

<p>Appeals — Second appeal of questions already decided. —The case at bar was before the court on a former appeal by the defendants, from an order of the District Court refusing to dissolve an injunction. A decision was rendered against the defendants (6 Mont. 502), and upon the case being remanded to the District Court, an answer was filed, and thereafter, on motion of the plaintiffs, a judgment was rendered on the pleadings against the defendants. They again appealed. Held, that the questions involved in the present appeal are identical with those decided on the former appeal, and that the former decision is the law of, and must govern this case.</p> <p>Same — Injunction.—This case had been decided adversely to the defendants (6 Mont. 502) on their former appeal from an order of the District Court denying a motion to dissolve an injunction. It was remanded to the District Court, and the defendants filed an answer setting forth, among its other allegations, a state of facts which had arisen subsequently to the granting of the injunction. The District Court rendered a judgment on the pleadings against the defendants, and they again appealed to the Supreme Court. Held, that even if the point made by the pleading of such a state of facts was important, it could not be considered, because the injunction would have to stand or fall by the state of facts existing at the time it was granted.</p>