Southern Bell Telephone & Telegraph Co. v. Glawson
Supreme Court of Georgia
Questions of law; from Court of Appeals (4073). The Court of Appeals certified the following questions: “Where a petition is dismissed in the trial court upon general demurrer, and that judgment has been reviewed by the Court of Appeals and reversed in a decision holding that the petition sets forth a cause of action, and, subsequently to the rendition of such decision by the Court of Appeals, the Supreme Court renders a decision in another ease, the effect of which is to…
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Questions of law; from Court of Appeals (4073). The Court of Appeals certified the following questions: “Where a petition is dismissed in the trial court upon general demurrer, and that judgment has been reviewed by the Court of Appeals and reversed in a decision holding that the petition sets forth a cause of action, and, subsequently to the rendition of such decision by the Court of Appeals, the Supreme Court renders a decision in another ease, the effect of which is to show that, the decision of the Court of Appeals is erroneous, and, after the rendition of such decision by the Supreme…
1Opinion of the CourtLumpkin, J.
1. The first question propounded by the Court of Appeals raises an interesting question of practice. It involves what is commonly called the doctrine of “the law of the case.” This doctrine is thus stated in 26 Am. & Eng. Ene. L. (2d ed.) 184: “The doctrine of The law of the case’ may be stated thus: A matter decided on one appeal can not be re-examined on a second appeal in the same ease; for the decision of an appellate court, whether right or wrong, in a case before it, is conclusive upon the points presented throughout all the subsequent proceedings in the case, both upon the appellate…
2Cases cited21 opinions
- Messenger v. AndersonSupreme Court of the United States · 1912
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Great Western Telegraph Co. v. BurnhamSupreme Court of the United States · 1896
- Illinois v. Illinois Central RailroadSupreme Court of the United States · 1902
- United States v. CamouSupreme Court of the United States · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Roulain v. MartinSupreme Court of Georgia · 1996
- Bryant v. StateSupreme Court of Georgia · 1944
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
- City of Atlanta v. SmithSupreme Court of Georgia · 1927
- Northwestern Mutual Life Insurance Co. v. SuttlesSupreme Court of Georgia · 1946
35 more not listed; retrieve them via the Exa API.