Quisenberry v. Chenault

*313Opinion op the Coubt by

Judge Nunn

Affirming.

This is the fifth appeal of this case. In the opinion on the last appeal, Quisenberry v. Chenault, 30 Ky. Law Rep., 229; 97 S. W., 803, this court said:

“If, upon a retrial of the case, the evidence is in substance the same as that introduced on the last trial, the court should give a peremptory, instruction to find for the defendants.”

The court deeming the evidence heard on the last trial to be the same, in effect, as that introduced on the former, compiled with the order of this court and gave the peremptory instruction. This court is bound by its…