MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This motion is granted. A judgment of reversal, accompanied by an order remanding the cause for a retrial, is not a final judgment for the purposes of a writ of error to this court. Houston v. Moore, 3 Wheat. 433; Bostwick v. Brinkerhoff, 106 U.S. 4, and cases there cited.
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