...immediately the provisions for the framing of issues, the trial and the decision of civil actions. "A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court or referee." (Sec. 656.) [3] This refers, of course, to the trials and decisions of the issues of fact...

...grant or deny the motion. (Crescent etc. Co. v. United Upholsterers, 153 Cal. 433, [95 Pac. 871].) "A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court or referee." (Code Civ. Proc., sec. 656.) It is pointed out in Hayne on New Trial, Revised Edition, page...

...means of continuances of the trial, or even by means of an order granting a new trial of the action. "A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court, or referee." (Code Civ. Proc., sec. 656.) By the very terms of the definition the re-examination thus...

...remedying a fault in the pleadings or an error in granting relief not warranted by the pleadings. (Id.) "A new trial is a re-examination of an issue of fact in the same court after a trial and decision." (Code Civ. Proc., sec. 656.) "The question whether the judgment is authorized b*y the pleadings or...

...663a. Notice of intention to move for new trial; time for making motion. § 656. New trial defined. A "new trial" is a re-examination of an issue of fact...in the same court after a trial and decision by a court or referee. [Enacted 1953.] § 657. When a new trial may be granted: irregularity in proceedings;...

...appeared or was heard at the assessment of such damages. A new trial is defined to be a "re-exaininanation of an issue of fact in the same court after a trial and decision by a jury, or court, or by referees." — 1 Hayne on New Trials, p. 23, $ 1 ; Billiard on New Trials, p. 1, §...

...that used in our statute and in that of California in the definition of a "new trial." The statute is: "A new trial is a re-examination of an issue of fact in the same court after a trial and decision." In the decision the court says: "It is unnecessary to refer to the provisions of the act, specifying...

...of the inquiry that can be made on motion for a new trial is thoroughly established by our decisions 'A new trial is a re-examination of an issue of fact...court after a trial and decision by a jury, court or referee.' (Code Civ. Proc., sec. 656.) Where there has been no error in determining any issue of fact...

...implication from the language, however, tends to sanction it. The definition of a new trial is as follows: "A new trial is a re-examination of an issue of fact...the same court after a trial and decision by a jury or court or by referees." (Code Civ. Proc., sec. 656.) Now, as the law-makers cannot be supposed to...

...apparent that a new trial of the issues must result in the same decision and interlocutory judgment. A new trial is a re-examination of an issue of fact in the same court after a trial and decision, etc. (Code Civ. Proc., sec. 656.) The former decision may be vacated and a new trial granted, on the...