People v. Holladay

Citations

• 102 Cal. 661
• 36 P. 927
• 1894 Cal. LEXIS 706

Syllabus

<p>Appeal—Law of the Case—Additional Property Included in Second Appeal.—Where, upon a former appeal, it was determined that the respondents are the owners of the undivided nineteen-twentieths of the land in controversy, but an order granting a new trial was affirmed, because the judgment erroneously included the other twentieth, which was not involved in the action; and it appears upon a second appeal that, by supplemental answer, filed after the first appeal, the one-twentieth is in the same category with the other nineteen-twentieths, so that the decision on the former appeal applied to the whole of the property, such decision will be regarded as the law of the case upon the second appeal.</p>