Heidt

This is an action against one of the sureties on the official bond of a notary public, to recover damages alleged to havebeen caused by a certain false and fraudulent certificate of acknowledgment. On the first trial a judgment was rendered for plaintiff, which, on appeal to this court, was reversed on the authority of Heidt v. Minor, 89 Cal. 115 . That appeal was on the judgment-roll only, and the facts were precisely similar to those in the case cited. On the return of the case to the court below plaintiff, by leave of the court, amended her complaint. The case was then tried before a jury, and plaintiff had a verdict and judgment, and defendant appeals on the judgment-roll only. The points made by appellant are: that the court below should have rendered judgment in favor of defendant on the coming down of the remittitur, and without a new trial; that the court erred in allowing the amendment to the complaint; and that the facts on the second trial were substantially the same as on the first trial, and that, therefore, the rule of “ the law of the case” entitled the defendant to a judgment.

1. The judgment of this court on the first appeal was simply that “ the judgment .... in…