Rogers v. F. T. Justice & Co.

Rogers v. F. T. Justice & Co., 215 S.W. 28 (Ky. Ct. App. 1919)

Court: Court of Appeals of Kentucky · State Appellate Courts
Decided: September 30, 1919
Judges: Settle
Citations: 215 S.W. 28185 Ky. 2201919 Ky. LEXIS 273

Cited by 0

Headnotes

Appeal and Error — Second Appeal. — Wien there is a second appeal in the one case, the first thing to he determined by the Court of Appeals on such appeal is, whether the judgment rendered by the circuit court following the reversal of the judgment on the first appeal, substantially conforms to the law as announced by the opinion of the appellate court on the first appeal. And where, as in this case, such conformity is shown, to exist, and that no questions of law or fact were or properly could have been raised in the case in the circuit court, after the reversal of the judgment on the first appeial, that were not involved, in the first appeal, the judgment of the circuit court from which the second appeal is prosecuted will on such appeal, be affirmed by the Court of Appeals.

Summary

Appeal from Fayette Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Settle

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Opinion of the Court by Judge Settle

Affirming.

This is the second appeal in this ca.se. The opinion on the first appeal, styled F. J. Justice & Co. v. Jackson D. Rogers, &c., is reported in 183 Ky. 466 , and is here referred to for a statement of the issues of law and fací involved on both appeals. It is now contended by the appellant that only one of the several grounds of his resistance to the recovery by appellee of damages for■ thq alleged breach of the contract set up in the pleadings was passed on by this court on the former appeal, and that the others should have been passed on by the circuit court following the reversal of its first judgment and return of the case to that court.

It is sufficent to say that the opinion of this court on the former appeal shows that the question decided was the important one to be decided and its decision conclusive of the case; therefore the opinion declared a decision of the other questions unnecessary. The conclusiveness of that opinion is also demonstrated by the fact that this court, following its decision of the first appeal, overruled the petition for a rehearing in the case filed by appellants which presented and strongly urged the same grounds of *221 resistance to the recovery of damages sought by appellee that are now urged by appellant for the reversal of the judgment on the present appeal. It is patent therefore that the circuit court was concluded by the decision arrived at by this court on the first appeal, and that its judgment awarding appellee the damages claimed against 'the appellant, Jackson D. Rogers, now appealed from, conforms to the former opinion of this court; hence it is affirmed.

How later courts describe this case

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Cited by 0 cases

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Authorities cited 1

Depth	Case	Cited by
	F. T. Justice & Co. v. Rogers, 209 S.W. 344 (Ky. Ct. App. 1919)	3

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