Benjamin v. Stewart
California Supreme Court
Appeal by the defendants, J. D. R. Stewart and James Morgan, from an order granting a new trial in the Fifteenth District Court, in and- for the City and County of San Francisco. Dwinelle, J.
1Opinion of the Court
McKinstry, J. :
The appeal is from an order, granting a new trial, by defendants J. D. R. Stewart and James Morgan.
No verdict was rendered by the jury for or against the defendant Morgan. “A new trial is a re-examination of an issue of fact in the same Court after a trial and decision by *608a jury, or Court, or by referees.” (C. C. P., § 656.) It may be that there was a mistrial, or no trial, as to defendant Morgan, and that the Court below may hereafter proceed to try the case as to him; but there was no cause for a motion for a new trial, or for an application to vacate the former verdict. (C.…
2Cited by21 opinions
- Zibbell v. Southern Pacific Co.California Supreme Court · 1911
- Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
- Benson v. Southern Pacific Co.California Supreme Court · 1918
- Brokaw v. Black-Foxe Military InstituteCalifornia Supreme Court · 1951
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