Opinion
18679.
ARGUED SEPTEMBER 13, 1954.
DECIDED OCTOBER 11, 1954.
Custody of child. Before Judge Kennedy. Richmond Superior Court. May 17, 1954.
Congdon, Harper Leonard, J. Walker Harper, for plaintiff in error.
W.D. Lanier, contra.
Where, as here, on the return of the remittitur in the case of Rawdin v. Conner, 210 Ga. 508 ( 81 S.E.2d 461), in which there was a judgment of reversal but no express direction of this court to the lower court, the case stands as reversed, and a new trial must be had on the issues therein raised since the case illegally terminated. The court did not err in denying the petitioner's motion to enter a final decree in his favor without a de novo trial. Code § 70-402; Schley v. Schofield Son, 61 Ga. 528; Fennell v. Fennell, 210 Ga. 153 ( 78 S.E.2d 524); American Associated Companies v. Vaughan, 210 Ga. 141 (2) ( 78 S.E.2d 43).
Judgment affirmed. All the Justices concur.