Polack v. McGrath

Citations

• 38 Cal. 666

Syllabus

<p>Second Appeal.—Law op the Case.—If, upon a second appeal, the same state of facts, substantially, is presented, as upon the former appeal, the former decision settles the law of the case, and is conclusive.</p> <p>Per Cbockett, J„ specially concurring:</p> <p>Idem. —It is very evident that on the second appeal we cannot reverse our ruling on any question which was decided on the first appeal. The first decision, whether right or wrong, becomes the law of the case.</p> <p>Findings by the Coubt. —All the findings must be construed together.</p>