Furth v. Snell

Citations

• 13 Wash. 660
• 43 P. 935
• 1896 Wash. LEXIS 111

Syllabus

<p>APPEAL — DETERMINATION OP PACTS BY APPELLATE COURT—WHEN BINDING ON TRIAL COURT.</p> <p>Where a cause has been reversed upon the ground of the insufficiency of the evidence to sustain the verdict, such decision stands as the law of the case upon a retrial in which the evidence presented is substantially the same as that upon which the cause had been first tried and determined.</p> <p>The refusal of the court to submit to the jury the question of the bona fides of a sale of personal property, when the issue is that it was in fraud of creditors, is not error when it has already been determined upon an appeal of the case upon a former trial, that the evidence, which was substantially the same in both trials, was insufficient to establish fraud. (Dunbar, J., dissents.)</p>