Same v. Same

By a reference made in the motion for a rehearing, we see that we were mistaken in saying that the motion for a new trial filed with the referee was not acted upon by him. He did, formally, overrule it. That fact, however, is quite unimportant, as it was a void act, he being without authority to order a new trial. That *439power is wisely intrusted to the court alone, to be exercised in a proper case, on motion, after the report has been brought in. “A new trial is a re-examination in the same court after a verdict by a jury, report of a referee, or a decision by the court.” Sec. 314, code of…