Dewey

When this case was here before, the Court decided that if a landlord entered upon his tenant’s premises without his consent, before the expiration of the lease, and re-let the premises to another, such entry and re-letting discharged the tenant from his covenant, except as to such part of the rent as had accrued at the time of the re-entry, which the landlord was entitled to recover.

The latter portion of that decision is in abrogation of one of the plainest principles of law; and if this case was a new one, I would not hesitate to overrule it. But legal rules deprive us of the power to do so. The decision having been made in this case, it has become the law of the case, and is not now the subject of revision.

This question was very fully argued and considered by the Supreme Court of the United States, in the case of the Washington Bridge Co. v. Stewart, et al., 3 Howard, 413 ; and although in that case the question raised on the record, was the important one of jurisdiction, it was notwithstanding held that the previous decision of the Court in the same case, was conclusive of the rights of the parties, and not revisable.

But even if the point relied on was the subject of…