Sirmans v. Citizens & Southern National Bank

Deen, Judge.

1. "Where a judgment in favor of one of two parties litigant is reversed by the appellate court without direction, and where only questions of fact, or mixed questions of law and fact are involved, the legal result is a new trial, not the rendition of a judgment without trial and as a matter of course. Schley v. Schofield & Son, 61 Ga. 528.” Smith v. Smith, 119 Ga. App. 619, 620 (168 SE2d 609).

2. The rule has always been that the grant of a new trial is a de novo proceeding insofar as the right to amend by supplying additional germane allegations of fact is concerned. Glisson v.…