Marks v. Cowles

This cause was before this court at the January term, 1872, and the opinion then pronounced is reported. Cowles v. Marks, 47 Ala. 612. There has been no new fact introduced which authorizes a change or modification of the former decision, and the decree of the chancellor conforms strictly to it. Prior to the statute (R. C. § 3510), the rule, frequently announced and rigidly adhered to, was, that a decision of this court, however erroneous, *500was the law of the particular case in which it was rendered, and could not be questioned in the primary court, or on a second appeal. Until there was such…