When a new trial has been granted by the court, the case shall be placed on the docket for trial as though no trial had been had, subject to the rules for continuances provided in this Code.
(Orig. Code 1863, § 3646; Code 1868, § 3671; Code 1873, § 3722; Code 1882, § 3722; Civil Code 1895, § 5489; Civil Code 1910, § 6094; Code 1933, § 70-401.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 58 Am. Jur. 2d, New Trial, § 356 et seq.
ALR.- Liability insurer's duty to pay injured person as affected by appeal or grant of new trial, or pendency of appeal or motion for new trial, from judgment against insured, or by the fact that time for appeal or motion for new trial has not expired, 31 A.L.R.3d 899.