Hall v. Blackman

Citations

• 9 Idaho 555
• 75 P. 608
• 1904 Ida. LEXIS 79

Syllabus

<p>Law of the Case — Prior Appeal.</p> <p>1. A decision by tbe appellate court upon a point distinctly made and essential to its determination upon a previous appeal is in all subsequent proceedings in tbe same ease a final adjudication, from tbe consequences of wbicb tbe court cannot depart.</p> <p>2. Tbe appellate court is at liberty, in a subsequent and independent case, to depart from a rule or principle wbicb it may bave announced that it afterward determines unsound or unwise to follow, but a conclusion once reached becomes final, and tbe law of tbe case in wbicb it is announced.</p> <p>(Syllabus by tbe court.)</p>