Dugué v. Levy

In the matter of Joseph Dugué v. Samuel Levy, 37 South. 995,i this court, after considering and disposing of certain issues, rendered judgment as follows:

“The judgment appealed from is therefore set aside, and the cause is remanded for further trial as herein indicated; plaintiff to pay the costs of the appeal, and' the costs of the lower court to await the final determmauon of the cause.”

The plaintiff now prays that the trial judge be directed by mandamus “to hear and take into consideration the evidence, both oral and documentary, already had and received in said cause, to hear and pass on…