 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1897 - 598 Seiten
...California, in the case of Lccse v. Clark, 20 Cal. 417, in the following language: "A previous ruling of the appellate court upon a point distinctly made may be only authority in other cases, to be followed and affirmed, or to be modified and overruled, according to its intrinsic merits. But. in the case... | |
 | 1900 - 1164 Seiten
...fairly stated in the case of 1'helan v. City and County of San Francisco, 21) Cal. 4f>, as follows: "A previous ruling by the appellate court upon a point...may be only authority In other cases, to be followed and affirmed, or to be modified or overruled, according to its intrinsic merits. But in the case in... | |
 | California. Supreme Court - 1884 - 740 Seiten
...Cal. 605. On these appeals the whole law of the case arising on the present appeal has been settled. "A previous ruling by the appellate court upon a point distinctly made may be only authority in other eases, to be followed or affirmed, or to be modified or overruled according to its intrinsic merits,... | |
 | 1890 - 1182 Seiten
...ruling by the appellate court," said the court, by FIELD, J., in Phelan v. San Francisco, 20 Cal. 45, "upon a point distinctly made may be only authority in other cases, to be followed and affirmed, or to be modilied or overruled, according to its intrinsic merits." The same proposition... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1885 - 760 Seiten
...JUDGES. JAMES 8. HIATT, PLAINTIFF IN ERROR, v. JEROME B. BROOKS, DEFENDANT IN ERROR. 1. Stare decisis. A previous ruling by the appellate court, upon a point...final adjudication, from the consequences of which the court cannot depart, nor the parties relieve themselves. Phetan v. San Francisco, 20 Cal., 45, quoted... | |
 | 1885 - 1070 Seiten
...event of the suit. HIATT v. BROOKS. Filed January 7, 1885. 1. Еве AwtiTJicATA — STABE DECISIS. A previous ruling by the appellate court upon a point...in other cases, to be followed or affirmed, or to bo nioditied or overruled, according to its intrinsic merits ; but in the case in which it is made... | |
 | 1886 - 832 Seiten
...32 Vt 552; Rector v. Deanley, 14 Ark. 307; Dodije. v. Qaylord, 53 Ind. 365, and cases there cited. " A previous ruling by the appellate court upon a point...in other cases, to be followed, or affirmed, or to bo modified, or overruled, according to its intrinsic merits; but in the case in which it is made,... | |
 | California. Supreme Court - 1886 - 744 Seiten
...its judgment. As •was said by Chief Justice FIELD, in Phelan v. San Francisco, (20 Cal. 39-45) ; in the case in which it is made, it is more than authority, it is a final adjudication from the consequence of which the Court cannot depart nor the parties relieve themselves. (Pollack v. McGrath,... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 Seiten
...property." In Hiatt v. Brooks, 1 7 Neb., 33, SC, 22 NW Rep., 73, it was held, and I think correctly, that, "A previous ruling by the appellate court upon a point distinctly made, * * * is a final adjudication, from the consequences of which the court cannot depart nor the parties... | |
 | 1912 - 1360 Seiten
...court cited, with approval, the following from Wells on Res Adjudicate and Stare Decisls (section 613): "A previous ruling by the appellate court upon a point...final adjudication, from the consequences of which the court cannot depart, nor the parties relieve themselves." In commenting upon this rule, we said: "This... | |
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A previous ruling by the appellate court upon a point distinctly made may be only authority in other cases, to be followed or affirmed, or to be modified or overruled according to its intrinsic merits, but in the case in -which it is made it is more than... 
