Soule v. Ritter

Citations

• 20 Cal. 522
• 1862 Cal. LEXIS 73

Syllabus

<p>The doctrine of previous decisions as to the conclusiveness, on a second appeal, of a decision upon points of law made by this Court in the same case on a former appeal, recognized and applied.</p> <p>In the opinion upon a former, appeal of the case at bar, the Supreme Court used the following language: “ If the contractors did the work (meaning certain extra work) with the knowledge of Ritter, and after Ritter’s mortgage, and Ritter interposed no objection, then we think, under the contract between . Howard, Miller and Dawes, it would, in equity, be a charge upon the mortgaged property. Otherwise, it would not,” and reversed the judgment, and remanded the cause “for the purpose of determining this sole question according to the principles of this opinion.” Held, that on the second trial, the knowledge of Ritter was a fact to be litigated and determined, as well as whether or not he interposed objections.</p> <p>And it further appearing that, this Court had before it, on the former appeal, all facts necessary to determine the question of constructive knowledge on the part of Ritter: Held, that the question for determination upon the new trial awarded was as to his (Ritter’s) actual knowledge.</p>