Oregon Supreme Court, 1889

Applegate v. Dowell

Applegate v. Dowell
Oregon Supreme Court · Decided January 16, 1889 · Strahan
17 Or. 299; 20 P. 429; 1889 Ore. LEXIS 13
Applegate v. Dowell

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

Strahan, J,

When this cause was before this court on the former appeal (Applegate v. Dowell, 15 Or. 513), the law applicable to the facts then presented was fully stated and discussed. The cause was tried as an action at law under the act of 1885, and finding error, this court remanded the case for a new trial.

Upon the second trial, no new facts that were material were developed, and the court below simply applied the principles of law announced by this court to the facts as they appeared, which resulted in a decree for the plaintiff, from which the defendant has appealed.

Upon this appeal, wo are not at liberty to depart from the law announced in the case on the previous appeal.

The decision then made became the law of the case, binding alike upon the court and the parties on any subsequent appeal. (Powell v. D. S. & G. R. R. Co., 14 Or. 22; 2 Herman on Estoppel, p. 118, note 1.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.