Board of Education v. Taulbee

Respectfully, I dissent.

This decision is in conflict with axioms so basic as to mortify at the need for elaboration.

The judgment of the trial court in Dolan v. Land was entered October 27, 1982. It was affirmed on appeal in pertinent part by our decision finally entered May 10, 1984, found in 667 S.W.2d 684. It is the law of the case.

*831Paragraph 6 of the final judgment of the trial court from which the appeal was taken in Dolan v. Land, supra, states:

“6. That the plaintiffs recover from the defendant, Lones Taulbee, Sheriff, Fa-yette County, such part of the taxes paid to him in such capacity…