Betts v. . Jones

Stacy, O. J.

This is the same case that was before us, upon demurrers, at the Fall Term, 1932, opinion filed 30 November, 1932, reported in 203 N. C., 590, 166 S. E., 589.

The “law of the case” is established by the decision on the first appeal. Power Co. v. Yount, ante, 182. “A decision by the Supreme Court on a prior appeal constitutes the law of the case, both in subsequent proceedings in the trial court and on a subsequent appeal.” Harrington v. Rawls, 136 N. C., 65, 48 S. E., 571. Compare Thompson v. Funeral Home, ante, 178.

We then said that “if the committeemen were not actuated by malice…