Davidson v. Dallas

Citations

• 15 Cal. 75

Syllabus

<p>A decision of the Supreme Court in a given case, whether erroneous or not, becomes the law of the case, and cannot be reviewed when the case comes up on a second appeal, the facts being the same.</p> <p>In theory, issue is joined, in the Supreme Court, upon the assignment of errors made upon the record. The case may be regarded as a new and distinct action. Upon the issue thus made the judgment of the Court must rest, and that judgment affirms the law on the matter presented for adjudication, and fixes the rights of the parties under the law.</p> <p>And where the judgment below is reversed and the cause remanded for new trial, it must be retried in pursuance of the principles of law declared in the opinion „ of the Appellate Court. The directions of the opinion become a portion of the judgment.</p> <p>The Supreme Court loses jurisdiction over a case, after the remittitur is issued, and the Term at which the judgment was rendered has passed. And this, whether the judgment be final in the sense of a definitive determination of the matters involved, or interlocutory.</p>