Dixon v. Eckenroth

This is an appeal by contestants from an order granting a new trial in a proceeding brought to set-aside the will of Mary Easton, deceased.

The contest was based on several grounds, but during the trial all were dismissed except one based on allegations of undue influence; and upon that issue the jury found in favor of contestants. Thereafter on motion of the proponents of the will the trial court entered judgment in their favor, notwithstanding the verdict. Contestants appealed, and the order was reversed upon the ground that under section 629 of the Code of Civil Procedure, the making of a…