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SIRMANS v. C & S NAT. BANK

49584.

132 Ga. App. 894 (1974)

209 S.E.2d 697

SIRMANS v. CITIZENS & SOUTHERN NATIONAL BANK.

Court of Appeals of Georgia.

Decided October 11, 1974.

Attorney(s) appearing for the Case

Elsie H. Griner, for appellant.

Tillman, Brice, McTier & Coleman, John T. McTier, for appellee.

DEEN, Judge.

1. "Where a judgment in favor of one of two parties litigant is reversed by the appellate court without direction, and where only questions of fact, or mixed questions of law and fact are involved, the legal result is a new trial, not the rendition of a judgment without trial and as a matter of course. Schley v. Schofield & Son, 61 Ga. 528." Smith v. Smith, 119 Ga.App. 619, 620 (

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