Morrison Waite

“ 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 ”

“ Martin v. Hunter's Lessee, 1 Wheat. 355; Browden v. McArther, 12 id. 53; Sibbard v. United States, 12 Pet. 492; Corning v. Troy Iron and Nail Co., 15 How. 466; Sizer v. Manry, 16 id. 103; Roberts v. Cooper, 20 id. 481 ”