Williams v. Adams

On Motion for Rehearing.

Appellees insist that we were in error in rendering judgment in favor of appellant after reversing the judgment in the court below instead of remanding it for a new trial.

When the judgment of the trial court is reversed, the disposition to be made of the case is controlled by article 1856, R.C. S., which is as follows:

“When the judgment or decree of the court below shall be reversed, the court shall proceed to render such judgment or decree as the court below should have rendered, except when it is necessary that some matter of fact be ascertained or the damage to be…