Fair v. Federal Land Bank

The decree in this case was affirmed on a former day of this term without a written opinion, 145 So. 338. In thus affirming, we overlooked the fact that the decree carried an additional amount of seventy-five dollars as attorney’s fees; whereas, on the former appeal this court had held that' attorney’s fees should not be allowed under the facts of this particular case. D. L. Fair Lbr. Co. v. Fed. Land Bank, 158 Miss. 87, 92, 128 So. 733. This holding on the former appeal became, therefore, the law of the case, binding alike upon the trial court and upon this court, and which could not be set…