Waters v. Waters
Court of Appeals of Maryland
Appeals from the Orphans’ Court of Montgomery County. A caveat to the will of Tilghman "Waters, was filed in the Orphans’ Court of Montgomery county; plenary proceedings were ordered; the petition of the caveators (now appellants) and the answer of the caveatees (now appellees) thereto, were filed; and issues were sent by the Orphans’ Court to the Circuit Court for Montgomery county, and removed from thence, at the instance of the caveators to the Circuit Court for Howard…
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Appeals from the Orphans’ Court of Montgomery County. A caveat to the will of Tilghman "Waters, was filed in the Orphans’ Court of Montgomery county; plenary proceedings were ordered; the petition of the caveators (now appellants) and the answer of the caveatees (now appellees) thereto, were filed; and issues were sent by the Orphans’ Court to the Circuit Court for Montgomery county, and removed from thence, at the instance of the caveators to the Circuit Court for Howard county, and from thence at the suggestion of one of the caveatees to the Circuit Court for Anne Arundel county for trial.…
1Opinion of the CourtBartol, C. J.
These appeals have been argued together, and as they involve the same questions, will be considered and disposed of in the same way.
No principle is better established than that a decision of the Court of Appeals once pronounced in any case is binding upon the Court below and upon this Court in the subsequent proceedings in the same case, and cannot be disregarded or called in question. It is the law of the case binding and conclusive upon the parties, not open to question or examination afterwards in the same case.
If this were not so, controversies would be endless; “ debet finis esse…
2Cited by17 opinions
- Brooke v. WiddicombeCourt of Appeals of Maryland · 1874
- Sumwalt v. SumwaltCourt of Appeals of Maryland · 1879
- Cook v. ToneyCourt of Appeals of Maryland · 1966
- State Ex Rel. Scruggs v. Baltimore Transit Co.Court of Appeals of Maryland · 1939
- Turner v. Housing AuthorityCourt of Appeals of Maryland · 2001
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