Reid v. Sinclair Refining Co.

Generally speaking, when a judgment is affirmed the case is ended; but when a new trial is granted, the judgment of the appellate court, granting a new trial, in effect reaches back to the point where the first error complained of was made. A new trial in this case meant a re-examination of the issues of fact in the same court where it was formerly tried. Black’s Law Dictionary, 1755; 9 Michie’s Dig. Ga. R., 578; 2 Pope’s Legal Definitions, 1065. There was no demurrer in this case on the former trial. When a motion for new trial was granted by this court (Sinclair Refining Co. v. Reid, 60 Ga.…