Maddox v. Teague
Montana Supreme Court
Appeal from 8i%th Judicial District, Meagher Coimty. Action on sheriff’s bond. The cause was tried before Henry, J. Plaintiff bad judgment below. Statement of the case by tbe justice delivering the opinion.
Read the full summary
Appeal from 8i%th Judicial District, Meagher Coimty. Action on sheriff’s bond. The cause was tried before Henry, J. Plaintiff bad judgment below. Statement of the case by tbe justice delivering the opinion. Tbe plaintiff Maddox, and intervenor Gaddis, obtained a judgment in this case in the year 1888. That judgment was affirmed by the territorial supreme court (9 Mont. 126.) On writ of error from the supreme court of the United States the judgment of the territorial supreme court was reversed. On mandate from the United States supreme court to us a new trial was ordered in the district court…
1Opinion of the Court
De Witt, J. —
-The gist of appellants’ contention is that the *519decision of the United States supreme court was the law of the case for the district court and now for this court, and that the law of the case, as they understand it, was disregarded by the district court in various rulings, to which they duly excepted and which they have reserved for review on this appeal.
We will start more clearly if we first define what is our understanding of the decision by the supreme court of the United States as the law of the case. On the first trial all the testimony offered by the defendants was excluded…
2Cases cited8 opinions
- State v. BlackMontana Supreme Court · 1894
- Rader's Administrator v. MaddoxSupreme Court of the United States · 1893
- Davenport v. KleinschmidtMontana Supreme Court · 1889
- Maddox v. RaderMontana Supreme Court · 1889
- Kelley v. Cable Co.Montana Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Murray v. PolglaseMontana Supreme Court · 1899
- Reade v. Pacific Supply Ass'nOregon Supreme Court · 1901