Mulford v. Estudillo

Citations

• 32 Cal. 131

Syllabus

<p>Judgment in Supreme Court.—If the plaintiff admits on the pleadings that he never had a cause of action against the defendant, the Supreme Court will reverse a judgment in his favor, and may either order a judgment in defendant's favor in the Court below, or may remand the cause for further proceedings.</p> <p>When Answer is Considered Filed.—If the plaintiff amends his complaint, and the defendant obtains an order to have his answer on file stand as the answer to the amended complaint, the answer is to be treated as if filed when the order is made.</p> <p>Opinion of Supreme Court on Appeal.—The presumption is, that all the facts in a record, hearing on the points decided, have received due consideration by the Supreme Court, whether all, or a part, or none of those facts are mentioned in the opinion.</p> <p>Uaw of a Case.—The decision of the Supreme Court becomes the law of the case on a second appeal, whether all, or a part, or none, of the facts hearing on the points decided are mentioned in the opinion.</p> <p>Idem.—The discussion and determination, in an opinion of the Supreme Court, of other points not tending to the decision of the point upon which the appeal was disposed of, must be regarded as dicta, and not as the law of the case.</p> <p>Admission of Facts on the Record.—When an ultimate fact is admitted on the record, probative facts tending to establish, modify, or overcome it, will not he considered by the Court. „</p> <p>Judgment on Return of Mandate of Appellate Court.—If, on an appeal, the Supreme Court of the United States simply affirm the judgment of the Circuit Court, the judgment thus affirmed becomes final, and the Circuit Court has no jurisdiction on the return of the mandate of the Supreme Court to render a new judgment.</p> <p>Satisfaction of Judgment by levy of Execution.—If, bn the return of a mandate from the Supreme Court of the United States to the Circuit Court, affirming the judgment of the Circuit Court, a new judgment is rendered