4 S.D. 487 | S.D. | 1894
This was an action brought under the mechanic’s lien law to foreclose a subcontractor’s lien for material furnished to the contractor for the erection of a flouring mill. Judgment was rendered for the plaintiff, and the defendants appeal. The facts found by the court are, in substance, as follows: That on the 6th day of January, 1883, the defendants, under their then firm name of S. S. Pratt & Co., made a contract with the firm of Chisholm Bros. & Gunn to erect for them a flouring mill at Aberdeen, in the then Territory of Dakota; that between April -30 and September 1, 1883, the plaintiff
The learned counsel for the respondent now contend that on the former appeal the facts were substantially the same as on the present appeal; that the question of law then presented and decided was identically the same as the one presented for decision on this appeal; that the decision on the former appeal became the law of the case, in all of its subsequent stages; and that such decision is conclusive <md binding upon this court, as well as upon the circuit court. An examination of the records and briefs of counsel on the two appeals- discloses the fact that coun-