Montana Supreme Court· 2/26/1979

Fiscus v. Beartooth Electric Cooperative, Inc.

Citations

591 P.2d 196
180 Mont. 434
1979 Mont. LEXIS 746

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that when we state in an opinion “a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case, and must be adhered to throughout its subsequent progress”
concluding that when we state in an opinion “a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case, and must be adhered to throughout its subsequent progress”
noting that “the doctrine is inapplicable” where the prior decision was manifestly “unsound, . . . incorrect,” or based on a manifest “mistake of fact . . . made on [the] first appeal”
Judgment reduced on its merit is an absolute bar to a subsequent action between same parties
Judgment reduced on its merits is an absolute bar to a subsequent action between the same parties

Source: CourtListener parenthetical corpus (CC0).

Judges: Daly, Harrison, Haswell, McPHILLIPS, Shea

Read full opinion on CourtListener

Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.