Hopkins v. Adam Roth Grocery Co.
Court of Appeals of Kentucky
Case 44 — EFFECT OF FORMER ADJUDICATION This appeal involves questions essentially different from those considered on the former appeal. Were it otherwise, the former opinion in this case is wrong and ought not to be adhered to. 60 Miss., 432; 136 Mass., 406. This case is controlled by the former ruling. Adam Roth Grocery Co. v. Hopkins, 16 Ky. Law Rep., 678.
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
The legal principles determined on the first appeal of a case are not merely precedents for the guidance of this court on a second appeal of the same case. But the law as first determined — right or wrong — is the law of the case, and must control, not only the lower court upon a return of the case, but also this court in any subsequent appeal. Opinion of appellate court on first appeal can not be revised in the same cause upon a second appeal. Legrand v. Baker, 6 T. B. Mon., 243; Ford v. Gregory’s Heirs, 10 B. Mon., 175. On a former appeal in…
2Cases cited1 opinion
- Ford v. Gregory's HeirsCourt of Appeals of Kentucky · 1849
3Cited by9 opinions
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- Louisville & Nashville Railroad v. MinkCourt of Appeals of Kentucky · 1918
- Chesapeake & Ohio Railway Co. v. PackCourt of Appeals of Kentucky · 1924
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