Mayor of Monroe v. Fidelity & Deposit Co.

1. Where, after the rendition of a verdict and judgment, a new trial has been granted, the case stands-upon the docket for trial as if there had been no trial. Civil Code (1910), § 6094; Anderson v. Clark, 70 Ga. 362 (2) ; Scott v. Powell Paving Co., 43 Ga. App. 705 (159 S. E. 895). This applies where a case at law had been referred to an auditor, and the issues tried by the jury were upon exceptions to the auditor’s findings on the facts. Civil Code (1910), § 5141. Although, under the ruling of the appellate court as applied to the law and the evidence, the verdict directed for the plaintiff…