Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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We have distinctly recognized the former opinion upon' questions of law as governing the law of the case. ■ As the record stands, we could scarcely go further. A general mandate has gone down to try the whole case de novo upon the principles so settled, and the record of the trial has come back increased over the old one by hundreds of pages. If we are bound by a former finding of the facts, why a new trial? Why was not a transfer of Grumley’s equity adjudged, and only an account of the rents directed ? It is folly to say that the facts are concluded ; it is our duty again to consider them, and especially to ascertain whether the new features of the evidence throw any light upon the case. If the present record were the same as the old one, the former finding should control us, unless “injustice to the rights of the parties would be done^by adhering to the first opinion” (Chamber’s Adm’r v. Smith’s Adm’r, 30 Mo. 156), but it is not the same.

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