Lay v. Idaho State School & Colony

(Dissenting) — A rehearing in a trial court has the same effect as the granting of a new trial or opening up a default has in the same court. It results in a new trial of questions of fact. (Sec. 7-601, I. C. A.; People v. George, 3 Ida. 108, 112, 27 P. 680; Kimple v. Conway, 69 Cal. 71, 10 P. 189, 190; People v. Lopez, 43 Cal. App. 2d Supp. 854, 110 P. 2d 140, 147; City of Los Angeles v. Morris, 74 Cal. App. 473, 241 P. 409, 411-12.)

Even though a rehearing (or new trial)' had been granted by the board in this case and all the proposed new evidence had been adduced in the most favorable light…