Morrison Waite,
Supervisors v. Kennicott (94 U.S. 498…
“ It is true that, after reversing the decree of the Circuit Court upon the former appeal, it was further ordered that the cause be remanded 'with directions to award a new trial;' but the mandate as sent down 'commanded that such execution and further proceedings be had in conformity to the opinion and decree of this court, as according to right, &c., ought to be had.' Technically, there can be no 'new trial' in a suit in equity ”
