104 P.2d 142 | Colo. | 1940
THIS cause, a suit for accounting, previously was before us as case No. 13,883, Ginsberg v. Bennett,
From such evidence the trial court determined that even after the elimination as credits of the items questioned in our opinion, the rental receipts, to the extent of $7,559.60, had failed to cover the legitimate disbursements, as a consequence of which there was no surplus for distribution to the plaintiffs. Accordingly the district court, consistently with our mandate, dismissed the action against defendants at plaintiffs' costs. Plaintiffs here assign error to such judgment.
[1] Every question now raised by plaintiffs was presented in their original briefs and motion for rehearing in Case No. 13,883, and therein were determined adversely to them. Under such circumstances it is not permissible to resubmit questions previously decided in the former proceeding in error, since the opinion therein and the judgment entered in conformity therewith constituted "the law of the case," which must control. 5 C.J.S., p. 1267, § 1821. See, also, Trinchera Ranch Co.v. Trinchera Irr. Dist.,
The judgment is affirmed.
MR. CHIEF JUSTICE HILLIARD and MR. JUSTICE FRANCIS E. BOUCK not participating. *287