Estate of Jessup

This matter comes before this court for a second and a new trial, having been remitted hereto by the supreme court, upon the ground that under the evidence in the former trial the decedent herein never did publicly acknowledge the petitioner as his own child, nor receive him into his family, nor otherwise treat him as if he were a legitimate child, and that the evidence was insufficient to justify the decision of this court upon the first hearing of the application, which decision was rendered on the third day of March, 1888: In re Jessup, 81 Cal. 434 , 21 Pac. 976 , 22 Pac. 742, 1028 , 6 L. R. A. 594.

It is to be expected, as counsel for respondent contends, that something has been settled by the decision of the supreme court, that some rules of law have been established as a guide for the trial court, and that, when the appellate *478 tribunal has sent back a case, the nisi prius court must follow implicitly the law as laid down by its superior; the principles of law which are thus determined must be respected, and when the facts are the same this doctrine must prevail; the judgment of the supreme court, as given in the prevailing opinion, binds this court upon a retrial. A…