RAWDIN v. CONNER

DUCKWORTH, Chief Justice.

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.