Lundell v. Bennett

THE COURT.

The petition for rehearing of respondents herein raises the question as to the status of their position by reason of this court’s reversal of the order appealed from without directions to the trial court.

The rule appears to be well established that in' ordi*357nary civil actions an unqualified reversal of the judgment by an appellate tribunal has the effect of remanding the cause, either for a new trial or for other appropriate proceedings. (Rinaldo v. Superior Court, 15 Cal.App.2d 585, 588 [59 P.2d 868], and authorities there cited. See, also, DeHart v. Allen, 26 Cal.2d 829, 833 [161 P.2d 453]; Estate of Wear, 20 Cal.2d 124, 128 [124 P.2d 12].)

Respondents’ petition for a hearing by the Supreme Court was denied February 23, 1950. Carter, J., and Schauer, J., voted for a hearing.