16 Minn. 89 | Minn. | 1870
By the Court
This action was brought in the district court for Le Sueur county, by the plaintiff as holder of a second mortgage, to recover the surplus money paid over to the successor in interest of the mortgagor upon
The present appeal presents the same questions, both of fact and law, involved in and fully determined by the decision in the former one. Both appeals are taken in the same action and no change of parties has transpired; the questions presented upon the appeal are, therefore, res adjudicata, and unless the former decision is reviewed must be decisive of this case. This will not be done, certainly, unless a state of facts exists which would justify a re-argument of the questions determined upon the first appeal.
The questions upon the former appeal were fully presented and discussed by counsel, and deliberately considered and determined by the court, from which determination I dissented. Since the decision in that case -was rendered, his honor chief justice Wilson then presiding in this court has resigned, and the present chief justice succeeds him.
There is no reason, therefore, upon the facts m this case, which would justify us in reviewing the former decision made in this case upon the points involved in this appeal. The judgment appealed from is affirmed.