Prouty v. Adams

Citations

• 7 Cal. Unrep. 241
• 82 P. 1081
• 1905 Cal. App. LEXIS 292

Syllabus

<p>Appeal—Law of the Case—Pleading—Amendment.—Where, on a prior appeal, it was held that defendants’ rights were limited by a written contract of indemnity, and that no defense at variance with the terms of the indemnity could be interposed, and judgment was reversed, with directions to the court to strike out or otherwise refuse to entertain a special defense objected to, whereupon the court struck the amended answer “according to the directions of the supreme court” and granted leave to amend, such decision was the law of the ease, and defendants were not entitled to file an amended answer merely omitting all mention of the written contract and pleading the defense so stricken.</p>