Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.

Citations

• 119 Ill. 30
• 6 N.E. 191

Syllabus

<p>1. Practice in the Supreme Court—of a reversal and remandment, or a modification entered in this court. Where a modification of a decree is deemed necessary by this court, on appeal or error, it is a matter of discretion ■whether it shall he made directly in this court by an order to be entered upon its records, or the cause shall be remanded, with specific directions, to the court below, to make the modification. But in either case it is proper that the decree below be first reversed.</p> <p>2. Practice—in case of reversal and remandment—of the further proceedings tobe had in the trial court. Where a decree is reversed and directed to be modified, the effect of such reversal is not necessarily to open the whole case for rehearing. Its effect in that respect will depend entirely upon the modification of the decree made or directed to be made.</p> <p>3. A direction in an order of reversal that one part of a decree he modified, is, by necessary inference, an approval of that part omitted from the direction, and is equivalent to an order of affirmance of the same.</p> <p>4. The statute does not require that specific directions, shall be stated in an order reversing a decree and remanding a cause,' but under our practice it is sufficient if a modification of the decree be specifically directed in the written opinion of this court; and it is the duty of the court below to examine such opinion, and conform its action to it.</p> <p>5. Where a decree is reversed, and the cause remanded, with directions to the trial court to proceed in conformity- with' the opinion thus filed, and it appears from the opinion that the grounds of reversal are of a character to he obviated by subsequent amendment of the pleadings, or by the introduction of additional evidence, or both, it is the duty of the trial court, to allow such amendments and further evidence, the same as though the cause was before the court for the first time, and then new questions of law and fact may arise.</p> <p>