Altermatt v. Rocky Mountain Fire Ins. Co‪.‬

Appeal and Error — Law of Case — Extent of Rule. Appeal and Error — Law of Case — Extent of Rule. 1. Where the supreme court in deciding a case on appeal states in its opinion a principle or rule of law necessary to the decision, such pronouncement becomes the law of the case and must be adhered to throughout its subsequent progress, both in the trial court and upon subsequent appeal, although the supreme court, on further consideration, may be clearly of opinion that its former decision was erroneous. Same — Law of Case — Rule Binding on Supreme Court. 2. While a previous ruling by the supreme court upon a point distinctly made may be only authority in other cases, to be followed and reaffirmed, or to be modified or overruled, in the case in which it is made, it is more than authority, — it is a final adjudication from the consequences of which it may not depart nor the parties relieve themselves.