Corn v. Rosenthal
New York Court of Common Pleas
Appeal from eleventh district court. Action by Samuel Corn and another against Joseph Rosenthal for rent. There was judgment for defendant, and plaintiffs appeal
1Opinion of the CourtPryor, J.
On a second appeal the court will not review or reverse a decision made on a prior appeal in the same case. Heffner v. Brownell, 75 Iowa, 341, 39 N. W. Rep. 640; Adams v. Railroad Co., 55 Iowa, 94, 2 N. W. Rep. 1054, and 7 N. W. Rep. 471. The decision on the former appeal becomes the law of the case, (Doyle v. Wade, 23 Fla. 90, 1 South. Rep. 516; Goodman v. Walker, 30 Ala. 482; Frisby v. Parkhurst, 29 Md. 58; Johnston v. Saving Union, 75 Cal. 134, 16 Pac. Rep. 753,) and upon the second appeal nothing is before the court for adjudication but the proceedings subsequent to the mandate,…
2Cases cited10 opinions
- Fortenberry v. FrazierSupreme Court of Arkansas · 1843
- Doyle v. WadeSupreme Court of Florida · 1887
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
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3Cited by1 opinion
- Silva v. PickardUtah Supreme Court · 1896