Feess v. Mechanics' State Bank

Citations

• 87 Kan. 313
• 124 P. 412
• 1912 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandate — How Far Conclusive — District Court — New Pleadings. Where a judgment is reversed by this court and the mandate directs further proceedings, the district court may allow new pleadings to be filed, alleging a new state of facts, but the decision of this court is conclusive upon the parties and the district court upon the facts as they were shown to exist at the trial.</p> <p>2. - Same. If a like state of facts is shown upon a further trial, or in a proceeding for the appointment or continuance of a receiver, or other issue, the judgment or order must be controlled by that decision.</p> <p>3. Conduct op Bank President — Rights of Stockholders. Where the president of a bank who has successfully managed its defense down to the entry of a mandate reversing a judgment erroneously rendered against it abandons the defense and joins with the adverse party in a stipulation that the receiver whose appointment had been held erroneous shall still be continued, and this conduct of the president, among other things, is charged by stockholders to be collusive and in fraud of their rights, and proceedings upon such stipulation are still pending in the district court, it is held, in view of all the circumstances appearing from the situation of the case and the application of stockholders, that they have the right to apply to this court for an amendment of the mandate, or such further direction to the district court as will protect the interests of the bank and its shareholders, and preserve the fruits of the decision heretofore given in their favor.</p>