The decision of this Court on the former appeal settled the law of the case. (Yates v. Smith, 38 Cal. 60; and Treadway v. Semple; and Semple v. Wright therein cited.) The rule is settled by a long series of decisions in this Court, as in almost every other Court of final resort, thatwhen a case has once been taken to an Appellate Court and its judgment has been declared on the points involved such judgment, right or wrong, is the law of the case for all subsequent proceedings had therein, and that when its remittitur has been issued and filed in the Court, from whose judgment the appeal was taken, the Appellate Court has no longer jurisdiction to re-hear, modify, or amend its judgment.
The approval of the survey, under the act of Congress of June 14, 1860, was binding on the defendants. (Yates v. Smith , 38 Cal. 60.) The defendants are not third persons mentioned in the fifteenth section of the act of Congress passed in 1851, establishing the land commission.
It is presumed that the survey runs on the lines of these surroundingranches. The final survey is conclusive upon the parties. (Moore v. Wilkinson , 13 Cal. 486; Boggs v. Merced Mining Co. , 14 Cal. 360; De Arguello v. Green , 26 Cal. 616; Morrill v. Chapman , 35 Cal. 88; Bernal v. Lynch , 36 Cal. 135; Yates v. Smith , 38 Cal. 60; Shartzer v. Love , 40 Cal. 96; Greer et al. v. Meyer et al., 24 Howard. 276.)