Cassell v. Fitzsimmons

— This case was before us on a former occasion, when we reversed the judgment of the circuit court and remanded the canse for further proceedings. A writ of error having been sued out from the Supreme Court to review our judgment, the same was reversed, and the case now comes before us upon a remanding order from that court, whereby tlii court is directed, “ that if it shall find the facts as found by the circuit court, to affirm the judgment of that court, but that if it finds the facts different from the facts as found by that court, to then render such judgment upon the facts thus found as…