Forgerson v. Smith

This case is here for the second time. When it was here before we held that the third paragraph of the .answer of the present appellants was bad, and, in effect, that the present appellee, then the appellant, was entitled to a recovery upon the evidence. Smith v. Ferguson, 90 Ind. 229 (46 Am. R. 216). The rule declared in that decision is the law of the case, and we are bound by it. Where there are incidental questions in a case which are not considered or decided, the court is not bound to consider the former decision as conclusively adjudicating upon them. Union School Tp. v. First Nat’l…