Spartan Leasing, Incorporated v. Brown

BRANCH, Justice.

Priorto the Judicial Department Act of 1965, which, inter alia, established the Court of Appeals, it was well established in this jurisdiction that questions actually presented and determined on a former appeal became the law of the case and became binding on this Court and the trial courts when the same facts were subsequently presented in the cause at trial or on appeal. Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673; Bruce v. Flying Service, 234 N.C. 79, 66 S.E. 2d 312; Maddox v. Brown, 233 N.C. 519, 64 S.E. 2d 864. Accord: Pulley v. Pulley, 256 N.C. 600, 124 S.E. 2d…