Rigdon v. Conley

This case was before us at the October term, 1888, and is reported in 31 Ill. App. 630.

The question now upon this record was incidentally involved then, but was not the point upon which the case was decided. The attention of the court was directed to the right of the appellant under Sec. 9, Chap. 51, R. S., as a matter of practice.

If, therefore, in the opinion rendered then, there appears to be inconsistency with the present decision, the circumstances take the case out of the general .rule, that the opinion of a court of review on one appeal in the case, is the law of that case on a second…