I concur, but desire to emphasize the distinctions pointed out by Judge Townsend existing between this and other law cases when a new trial is ordered. Here one single issue in a law case is remanded for trial by the Circuit Judge, whereas in other law cases the whole judgment is re*310versed, and a new trial granted. Of course, in the latter cases the trial must be de novo. I fear this distinction escaped the attention of Chief Justice Mclver.