Ney v. Eastern Iowa Telephone Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — R. P. Howell, Judge. This is the second appearance of this cause in this court. See 162 Iowa 525. In both trials the defendant claimed that it never employed the plaintiff, and that no employment by the president of its board of directors was authorized.
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Appeal from Johnson District Court. — R. P. Howell, Judge. This is the second appearance of this cause in this court. See 162 Iowa 525. In both trials the defendant claimed that it never employed the plaintiff, and that no employment by the president of its board of directors was authorized. On the first trial, these and other contentions were eliminated; and the court held, as matter of law, that there had been a binding employment, and that the only question for the jury was the amount due for the services. On the second trial, the court directed a verdict against the plaintiff, and thereby…
1Opinion of the CourtSalinger, J.
*6131. Appeal and ekkok: law of the case: subsequent trial. 2' employment” of flcationyof whole te ratifying11 *612I. Whatever was decided on the first appeal is the law of this case. And the appellant urges that the pending appeal presents nothing that was not settled by *613the first appeal. Now this cannot be true as to ¿ny matter which was first put in issue subsequent to remand. Some estoppels now relied on by plaintiff were not pleaded until then. Their history is this: A quo warranto suit was brought, to which the defendant was not a party. It involved a controversy between those who were parties…
2Cases cited8 opinions
- Athearn v. Independent District of MillersburgSupreme Court of Iowa · 1871
- Campbell v. ParkSupreme Court of Iowa · 1904
- Zalesky v. Home InsuranceSupreme Court of Iowa · 1897
- Rafferty v. Town CouncilSupreme Court of Iowa · 1917
- Winnike v. HeymanSupreme Court of Iowa · 1918
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3Cited by5 opinions
- Carlsten-Williams Co. v. Marshall Oil Co.Supreme Court of Iowa · 1919
- Whitlatch v. Bond & Mortgage Co.Supreme Court of Iowa · 1924
- Kridelbaugh v. Aldrehn Theatres Co.Supreme Court of Iowa · 1923
- Brintnall v. Professional Investors of Iowa, Inc.Supreme Court of Iowa · 1974
- Sapulpa Refining Co. v. Cedar Rapids Oil Co.Supreme Court of Iowa · 1920