Mcentire v. John Hancock Mut. Life Ins. Co

• Decision Date: 14 January 1932
• Docket Number: No. 8528.,8528.
• Citation: 162 S.E. 134,174 Ga. 158
• Parties: McENTIRE. v. JOHN HANCOCK MUT. LIFE INS. CO. et al.
• Court: Georgia Supreme Court

174 Ga. 158

162 S.E. 134

McENTIRE.

v.JOHN HANCOCK MUT. LIFE INS. CO. et al.

No. 8528.

Supreme Court of Georgia.

Jan. 14, 1932.

Error from Superior Court, Franklin County; Berry T. Moseley, Judge.

Action by J. H. Williams, administrator of A. F. McFarlin, deceased, against the John Hancock Mutual Life Insurance Company and J. B. McEntire, receiver. From the judgment, defendant receiver brings error.

Affirmed.

George L. Goode, of Carnesville, for plaintiff in error.

Robt. T. Camp, of Carnesville, T. Glenn Dorough, of Gainesville, Jas. H. & Emett Skelton, of Hartwell, J. D. Bradwell, of Athens, and Little, Powell, Reid & Goldstein, of Atlanta, for defendants in error.Syllabus Opinion by the Court.

HILL, J.

This case was before the Supreme Court on a former occasion (172 Ga. 421, 157 S. E. 494), when this court held: "The grantee in a deed conveying land as security for payment of money loaned being no party to and having no notice of subsequent proceedings to establish, under the act of 1911 (Ga. L. 1911, p. 108), a drainage district including part of the land so conveyed, was not bound by those proceedings, to which the grantor (borrower) was a party." When the remittitur was filed in the trial court, the judge rendered a judgment in conformity with the ruling of the Supreme Court. To this judgment the plaintiff in error filed exceptions, and brought the case again to the Supreme Court. "A decision by the Supreme Court is controlling upon the judge of the trial court, as well as upon the Supreme Court when the case reaches that court a second time. The principle in the decision may be reviewed and overruled in another case between different parties, but as between the parties the decision stands as the law of the case." Western & Atlantic R. Co. v. Third National Bank, 125 Ga. 489, 54 S. E. 621, and cit. See City of Atlanta v. Smith, 165 Ga. 146, 140 S. E. 369. Applying the rule stated above to the facts of this case, the court did not err in the judgment rendered.

Judgment affirmed.

All the Justices concur.