Applegate v. Dowell

Decided January 16, 1889

Oregon Supreme Court · decided 1889-01-16

<p>Law of the Case — Second Appeal. —The decision of this court becomes the law of the case, and upon a second appeal, is binding upon the court and the parties, and from which the court is not at liberty to depart.</p>

Relies on Powell v. D. S. & G. R. R. · Applegate v. Dowell

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-16

How this case has been cited

Cited by 11 later decisions — most recently March 1933

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Strahan, J,

¶1When this cause was before this court on the former appeal (Applegate v. Dowell, 15 Or. 513), the law applicable to the facts then presented was fully stated and discussed. The cause was tried as an action at law under the act of 1885, and finding error, this court remanded the case for a new trial.

¶2Upon the second trial, no new facts that were material were developed, and the court below simply applied the principles of law announced by this court to the facts as they appeared, which resulted in a decree for the plaintiff, from which the defendant has appealed.

¶3Upon this appeal, wo are not at liberty to depart from the law announced in the case on the previous appeal.

¶4The decision then made became the law of the case, binding alike upon the court and the parties on any subsequent appeal. (Powell v. D. S. & G. R. R. Co., 14 Or. 22; 2 Herman on Estoppel, p. 118, note 1.)