Carlson v. Roth

The appellant recovered judgment below and the appellees’ subsequent motion for a new trial was granted. The case is awaiting a second trial below while the appellant seeks a review of the court’s action in granting a new trial.

The granting of a new trial puts a case back where it was before trial and supersedes any judgment that may have been rendered therein. The situation is the same as though no trial had ever been had. Compton v. Benham (1909), 44 Ind. App. 51, 61, 85 N. E. 365; Colchen v. Ninde (1889), 120 Ind. 88, 22 N. E. 94; Jackson Hill, etc., Co. v. Merchants Heat, etc., Co.…