 A previous ruling of the appellate court upon a point distinctly made may be only authority in other cases, to be followed and affirmed, or to be modified and overruled, according to its intrinsic merits. But. in the case in which it is made, it is more...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 249by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, John Walcott Thompson, George L. Nye, Harmel L. Pratt, August B. Edler, Alonzo Blair Irvine, H. Arnold Rich, William S. Dalton - 1897Full view - About this book
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1881 - 678 pages
...ruling of the Appellant Court, upon a point distinctly made in the case * * * in which it is made, is more than authority, it is a final adjudication,...the parties relieve themselves, such has been the uniform doctrine of this court for years, and after repeated examinations and affirmations it cannot... | |
 | Law reports, digests, etc - 1900 - 1164 pages
...distinctly made may be only authority In other cases, to be followed and affirmed, or to be modified or overruled, according to its intrinsic merits. But...than authority; it is a final adjudication, from the consequence of which the court cannot depart nor the parties relieve themselves." The supreme court... | |
 | Law reports, digests, etc - 1890 - 1182 pages
...former decision in this court is considered. It is there said : " But in the case in which the decision is made it is more than authority; it is a final adjudication,...cannot depart, nor the parties relieve themselves." After stating that this has been the uniform doctrine of this court for years, and after repeated examinations... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1885 - 760 pages
...distinctly made, may be only authority in other cases, to be followed or affirmed, or to be modified or overruled, according to its intrinsic merits, but...cannot depart, nor the parties relieve themselves. Phetan v. San Francisco, 20 Cal., 45, quoted in "Wells' Res Adjudicata and Stare Decisis, J 613. 2.... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1886 - 802 pages
...distinctly made may be only authority in other cases, to be followed or affirmed or to be modified or overruled according to its intrinsic merits ; but...consequences of which the court cannot depart nor the parties release themselves. Iliatt v. Brooke, 17 Neb., 33. Leighton v. Stuart 546 3. A party, by simply paying... | |
 | Law reports, digests, etc - 1886 - 832 pages
...distinctly made, may be only authority in other cases, to be followed, or affirmed, or to bo modified, or overruled, according to its intrinsic merits; but...final adjudication, from the consequences of which tha court can not depart, nor the parties relieve themselves:" Phelan v. Sat Francisco, 20 Cal. 45.... | |
 | California. Supreme Court - Law reports, digests, etc - 1886 - 744 pages
...its judgment. As •was said by Chief Justice FIELD, in Phelan v. San Francisco, (20 Cal. 39-45) ; in the case in which it is made, it is more than authority, it is a final adjudication from the consequence of which the Court cannot depart nor the parties relieve themselves. (Pollack v. McGrath,... | |
 | Law reports, digests, etc - 1912 - 1360 pages
...distinctly made may be only authority in other cases, to be followed or affirmed, or to be modified or overruled according to Its intrinsic merits, but in...cannot depart, nor the parties relieve themselves." In commenting upon this rule, we said: "This rule is necessary to the orderly and decent administration... | |
 | Law reports, digests, etc - 1889 - 1240 pages
...to be followed or affirmed, or to be modified or overruled, according to its intrinsic morits; butin the case In which it is made it is more than authority;...the consequences of which the court cannot depart, northe parties relieve themselves. Phelan v. San Francisco, 20 Cal. 45, quoted in Wells, lies. Adj.... | |
 | Law reports, digests, etc - 1890 - 1178 pages
...former decision in this court is considered. It is there said : " But in the case in which the decision is made it is more than authority; it is a final adjudication,...which the court cannot depart, nor the parties relieve thereselves." After stating that this lias been the uniform doctrine of this court for years, and after... | |
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