Zeller v. Switzer

91 U.S. 487, 23 L. Ed. 366, 1875 U.S. LEXIS 1391

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

We think this motion must-be granted. The judgment is one of reversal only, and the case is remanded to be proceeded with according to law. The Supreme -Court decided that the defence set forth in the peremptory exception was not good; and that is all that court decided. The case was, therefore, sent back for trial upon the defences set up in the answer, or any other that might be properly presented. If the decision below upon the exception had been correct, such a trial would have been unnecessary. The Supreme Court having decided that it was not correct, the inferior court miist now proceed further. This brings the case within our ruling at the present term in Ex parte French, supra, p. 423.

The writ is dismissed.