12-2103. Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur

A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion.

B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.

C. If three judges do not concur the action shall be reheard.

12-2103. Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur

A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion.

B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.

C. If three judges do not concur the action shall be reheard.