Johnson v. Success Brick Machinery Co.
Mississippi Supreme Court
Appeal from the circuit court of Leflore county. Hon. J. M. Cashin, Judge. Suit by the Success Brick Machine Company against W. T. Johnson and another. From a judgment for plaintiff, defendant appeals. On a former appeal this case was reversed and remanded for a new trial. See Johnson v. Success Brick, etc., Company, 93 Miss. 169, 46 South. 957. The report of the former case contains a complete statement of the facts.
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Appeal from the circuit court of Leflore county. Hon. J. M. Cashin, Judge. Suit by the Success Brick Machine Company against W. T. Johnson and another. From a judgment for plaintiff, defendant appeals. On a former appeal this case was reversed and remanded for a new trial. See Johnson v. Success Brick, etc., Company, 93 Miss. 169, 46 South. 957. The report of the former case contains a complete statement of the facts. When the ease was remanded to the lower court, an amended declaration was filed setting up all the facts upon which suit Avas based. To this declaration, Bright, the…
1Opinion of the CourtCook, J.
This case has been appealed to this court before, and the decision will be found in 93 Miss. 169, 46 South. 957. Counsel for appellee has convinced us that the former decision was entirely wrong, but he has failed to convince *220us that the court then did not decide the precise point now presented for decision.
The principles controlling the doctrine of “the law of the case,” we think, are necessarily more binding upon the courts than the law of precedent. If the trial court is permitted to ignore the decision of a case by the appellate court when it is reversed for a retrial according to the law…
2Cases cited3 opinions
- Baldwin v. AndersonMississippi Supreme Court · 1912
- Meggett v. BaumMississippi Supreme Court · 1879
- Johnson v. Success Brick Machinery Co.Mississippi Supreme Court · 1908
3Cited by11 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Brewer v. BrowningMississippi Supreme Court · 1917
- Britts v. StateSupreme Court of Florida · 1947
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Weems v. CarterCourt of Appeals for the Fourth Circuit · 1929
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