Meiggs

This is an action to recover possession of personal property. It was tried by the court Without a jury, and a finding htS, and a judgment thereon for the plaintiff, to wit: That they, wera esi&* tied to a recovery of the property. Upon appeal this judgment was “.reversed and cause remanded.” The defendant now asks, on ths remittitur, that a judgment be entered that the' plaintiff return the property, or pay the' defendant @2,000, “ the sworn value.” The plaintiffs gay that there must be a new trial,

Where an action is tried by a jury, and a general verdict rendered, if the judgment is reversed and cause, remanded, it will, in general, be aeeessary to have a new trial, and in any such case, it would be rather anomalous to have a record show a general verdict in favor of one party, and a judgment in favoi? of the other. In equity suits, under the old system, the evidence v/as before the same person who appEpS *234 the law, and in case of appeal was also before the appellate court. Under our system it may be different in some cases, but generally there will be no occasion for a new trial. So, if a special verdict is found by a jury, or the action is tried by the court, and the facts…