Wallace

Upon a former trial of this cause the court made findings of fact, and rendered judgment thereon in favor of the defendants. This judgment and an order denying the plaintiffs’ motion for a new trial were subsequently reversed by this court upon the ground that certain findings of fact were not justified by 1he evidence. (Wallace v. Sisson, 33 Pac. Rep. 496 .) Upon the second trial of the cause the court made similar findings of fact, and again rendered judgment in favor of the defendants. From this judgment and an order denying a new trial the plaintiffs have appealed. It was contended by the plaintiffs at the trial, and is also contended by them here, that the evidence is substantially the same as upon the former trial, and that the former decision of this court that this evidence was insufficient to justify the findings then under consideration became the law of the case, and that the trial court was thereby precluded from making the present findings, although its own judgment concerning the effect of this evidence might be contrary to the decision of this court. Both of these propositions are controverted by the defendants.

An unbroken line of decisions, commencing with Dewey…