M. & M. Realty Co. v. Industrial Commission

{dissenting). By an erroneous construction of the mandate contained in Merton Lumber Co. v. Industrial Comm. (1951), 260 Wis. 109, 50 N. W. (2d) 42, we have conceded to the Industrial Commision power and authority which even we do not possess. If the mandate must be construed as authorizing the commission to do whatever it might chose to do, we had no authority to so direct. The rule of res adjudicata, that when a question of law or fact has once been determined by a court of competent jurisdiction and there is identity of persons and parties it cannot be again contested between the same'…