The Court stopped Mr. Cullen. There is no saving in the case of a reversal of a judgment for a defendant, and no need of one; and if there were such a saving, it would enable the plaintiff to bring successive suits indefinitely, as often as the judgment against the defendant’is reversed.
The remedy in this and all such cases is to proceed in the original suit, on a reversal by the Court of Appeals; and the plaintiff should have applied to that court for a procedendo.
Judgment for demurrant.