96. MARGAY OIL CORPORATION V. APPLEGATE. [169 MARGAY OIL CORPORATION V. APPLEGATE. Opinion delivered June 22, '1:925. APPEAL AND ERROR-FORMER APPEAL-LAW. OF cAsE.—Where a cause is-submitted on the abstract and brief filed on the foimer: appeal, it. being conceded that only questions decided on the former appeal are involved, the judgment of the lower court eniered in pursuance of the order of this court will be affvnied; the decision on the former appeal being the-law of the chsé. ''• . • Appeal from Pulaski Chancery Court ; Jolvn E 'Oar-tineau, Chancellor; affirmed. Rose, Hem,ingway, Cantrell ce Longhbor9ugh,: for app ellant. H. W. Applegate, Attorney General, and Samv M. Wdssell, of counsel, for appellee. PER CURIAM On the former appeal in this case the . decision, rendered February 2, 1925, r6Tersed the deCrec of the chancery court and rethanded the' Cause fOr further Proceedings liot inconsistent with the" Opinion; and the'temand there was a judgment in fav. Or of appellee, against appellant, for recoVery of the sum Of Money found to be due under the law as 'declared by this court. An appeal has been prosecuted to this court, but the _6ase is now submitted upon the abstract and brief 'filed on the former appeal, it being conceded by the, attorneys on both sides that the questions decided on the .forlii6r appeal, and none other, are involved on :the present appeal. That being true, an affirmance 'of the judginent below necessarily results from a cón§ideratiOn of the case on the present appeal. Our decision on the former appeal 'became the law of the case, and is a final 'adjudication of the rights of the parties. Decree affirmed.
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