Legal Opinion

Roberts & Bro. v. Jones

Supreme Court of Iowa

Decided January 27, 1870PublishedCited by 2 opinions

Appeal from Allamakee Circuit Court. This was an action for goods sold and delivered. The defendant answered, admitting the sale and delivery of the goods, pleaded payment and counterclaim. The cause was tried to a jury who rendered a verdict for the defendant. On the plaintiffs’ motion the verdict was set aside and a new trial ordered. The defendant excepted, and appeals. The order granting a new trial is the only error assigned.

1Opinion of the CourtMiller, J.

It has been frequently held by this court, that we will not reverse an order of the court below granting a new trial, unless it is made clear from all the evidence in the case that manifest injustice has been done, or that the discretion of the court below has been abused. A stronger case should be made to justify the interposition of the appellate court, when a new trial has been granted than when it has been refused. Ruble v. McDonald, 7 Iowa, 90 ; Newell v. Sanford, 10 id. 396; Schumaker et ux. v. Gelpcke, 11 id. 85; McKay v. Thorington, 15 id. 25; Burlington Gas Light Co. v. Green, Thomas…

2Cases cited1 opinion

  1. Ruble v. McDonaldSupreme Court of Iowa · 1858

3Cited by2 opinions

  1. Blackwood v. EadsSupreme Court of Arkansas · 1911
  2. Kaanaana v. KeahiHawaii Supreme Court · 1893

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