CHAP. 609.—An ACT to amend and re-enact an act entitled ‘‘an
act to amend and re-enact section 3484, code 1887, in relation
to granting new trials,’’ approved February 7, 1890.

Approved March 8, 1892.

1. Be it enacted by the general assembly of Virginia,
That the act entitled “an act to amend and re-enact sec-
tion three thousand four hundred and eighty-four of
chapter one hundred and seventy of the code of Virginia of
eighteen hundred and eighty-seven, in relation to grant-
ing new trials,” approved February seventh, eighteen hun-
dred and ninety, be amended and re-enacted so as to read
as follows: ,

§ 3484. When a case at law, civil or criminal, is tried by
a jury, and a party excepts to the judgment or action of
the*court in granting or refusing to grant a new trial on a
motion to set aside the verdict of a jury on the ground
that it is contrary to the evidence; or when a case at law
is decided by a court or judge without the intervention of
a jury, and a party excepts to the decision on the ground
that it is contrary to the evidence, and the evidence (not
the facts) is certified, the rule of decision in the appellate
court in considering the evidence in the case shall be
as on a demurrer to the evidence by the appellant, except
that when there have been two trials in the lower court, in
which case the rule of decision shall be for the appellate
court to look first to the evidence and proceedings on the
first trial, and if it discovers that the court erred in setting
aside the verdict on that trial, it shall set aside and annul
all proceedings subsequent to said verdict and enter judg-
ment thereon.

2. This act shall be in force from its passage.