Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky, 1785-1951 (Volume 2; V. 105)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1902. Not illustrated. Excerpt: ... Hopkins v. Adam Rotli Grocery Co. Case 44--EFFECT OF FORMER ADJUDICATION--Jan. 19, 1899. Hopkins v. Adam Roth Grocery Co. APPEAL FROM M'CRACKEX CIRCUIT COURT. Res Adjudicata--Effect Of Former Opinion.--The legal principles determined on the first appeal of a case are not merely precedents for the guidance of this court on a second appeal of the same case. But the law as first determined, right or'wrong. is the law of the case, and must control not only the lower court upon a return of the case, but also this court on any subsequent appeal. W. S. PRYOR And C. P. CHENAULT For The Appellant. This appeal involves questions essentially different frcm those considered on the former appeal. Were it otherwise, the former opinion in this case is wrong and ought not to be adhered to. 60 Miss., 432; 136 Mass., 405. J. D. MOCQUOT FOR THE APPELLEE. This case is controlled by the former ruling. Adam Roth Grocery Co. v. Hopkins, 16 Ky. Law Rep., 678. JUDGE HAZELRIGG Delivered The Opinion Of The Court. The legal principles determined on the first appeal of a case are not merely precedents for the guidance of this court on a second appeal of the same case. But the law as first determined--right or wrong---is the law of the case, and must control, not only the lower court upon a return of the case, but also this court in any subsequent appeal. Opinion of appellate court on first appeal can not be revised in the same cause upon a second appeal. Legrand v. Baker, 6 T. B. Mon.. 243; Ford v. Gregory's Heirs, 10 B. Mon., 175. On a former appeal in this case, 16 Ky., 679 [29 S. W., 293], it was held, contrary, perhaps, to the weight of authority, L. & N. R. R. Co. v. Elizabethtown District Public School. that as the minor Hopkins was doing business as if of full age, and had the appear...