Page v. Fowler
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following are the first, second, and third instructions asked by the plaintiff, and refused hy the Court: 1st. If the jury believe from the evidence that the possession of the land was mixed as between plaintiff and defendants at the time of the cutting of the hay and at the time of the entry of defendants upon said premises, and that it continued so mixed down to the time of the…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following are the first, second, and third instructions asked by the plaintiff, and refused hy the Court: 1st. If the jury believe from the evidence that the possession of the land was mixed as between plaintiff and defendants at the time of the cutting of the hay and at the time of the entry of defendants upon said premises, and that it continued so mixed down to the time of the cutting of the hay and the taking thereof by the Sheriff, then the defendants did not have such a possession of the…
1Opinion of the Court
By the Court, Crockett, J. :
This case was here on a former appeal, and is reported in 28 Cal. 605. On that appeal the judgment was reversed and the cause remanded for a new trial. The legal propositions which arose and were decided on the former appeal, whether they were correctly decided or not, have become the law of the case, so far as they were applicable to the facts developed on the second trial. There would be no end to the litigation, if the same questions in the case once decided by the appellate Court were open to examination on every succeeding appeal. _ It has been so often…
2Cases cited2 opinions
- Halleck v. MixerCalifornia Supreme Court · 1860
- Page v. FowlerCalifornia Supreme Court · 1865
3Cited by20 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
- State ex rel. Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1879
- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- Rogers v. DuhartCalifornia Supreme Court · 1893
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