West v. Douglas

Citations

• 145 Ill. 164
• 34 N.E. 141

Syllabus

<p>1. Appeals and Writs op Error—of a second appeal—what matters may be considered. The decision of a case by an Appellate Court on the merits is final as-to the matters decided, and is conclusive upon the parties upon a second appeal or writ of error in the same case. The points and questions thus considered and decided can not be again brought before such court for review, and can not be reconsidered except upon petition for rehearing.</p> <p>2. After'a judgment of reversal by an Appellate Court, and a remanding order for further proceedings in conformity with the opinion filed, the parties will not be allowed to present the same objections or issues as before, although in a different form, and only as to such questions as are substantially new will the case be open for further consideration.</p> <p>8. Where a case has been determined in an Appellate Court and remanded for further proceedings, and on a new trial further and material evidence is introduced, it becomes a new case in so far as to require the additional evidence to be considered in connection with the evidence previously before the court.</p> <p>4. Where this court reverses the decree of the Circuit Court for error in finding that a deed was not delivered and accepted, and remands the cause for further proceedings not inconsistent with the opinion filed, the parties may introduce further evidence as to the fact of delivery of the deed, and if it makes a case essentially different from that presented to this court on the appeal, the party appealing from the second decree may assign for error the decision of the Circuit Court upon the case thus made, as res nova.</p> <p>5. But if the ease on the second hearing is submitted as to the issue, whether there was a delivery of the deed, upon substantially, if not precisely, the same evidence as before, the decision of this court as to that issue will be conclusive, and that branch of the case, on a second appeal,' must be treated as res judicata.</p>