Legal Opinion

In re the Estate of Carriger

California Supreme Court

Decided September 13, 1894No. 15515PublishedCited by 15 opinions

Appeal from an order of the Superior Court of Sonoma County granting a new trial. The facts are stated in the opinion of the court. The court erred in setting aside the verdict of the jury, as it is only where the decision is against the weight •of the evidence that the trial court can set aside the verdict.

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Appeal from an order of the Superior Court of Sonoma County granting a new trial. The facts are stated in the opinion of the court. The court erred in setting aside the verdict of the jury, as it is only where the decision is against the weight •of the evidence that the trial court can set aside the verdict. (Irving v. Cunningham, 58 Cal. 309; Duff v. Fisher, 15 Cal. 380; Mason v. Austin, 46 Cal. 387; Dickey V. Davis, 39 Cal. 569, 570; 3 Graham and Waterman on New Trials, 1207.) The order granting a new trial was a general order, and as one of the grounds upon which it was asked was…

1Opinion of the CourtMcFarland, J.

The alleged last will of William W. Carriger, deceased, having been proposed for probate by the executor therein named, a contest thereof was made by Kate C. Carriger, the widow of the deceased, upon the grounds: 1. That the deceased was not of sound and disposing mind and memory at the time the will was made; and 2. That the will was made under the undue influence of Alfred Boggs Carriger, a brother of deceased. Nine special issues were presented to a jury. The first issue was this: “ Was said William Car-riger, at the time of the making of said will, a man of weak mind, vacillating, and…

2Cases cited9 opinions

  1. Dickey v. DavisCalifornia Supreme Court · 1870
  2. Curtiss v. Starr & Co.California Supreme Court · 1890
  3. Pierce v. SchadenCalifornia Supreme Court · 1880
  4. Bronner v. WetzlarCalifornia Supreme Court · 1880
  5. Riverside Water Co. v. GageCalifornia Supreme Court · 1891

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3Cited by15 opinions

  1. Estate of CasparCalifornia Supreme Court · 1916
  2. Wilson v. McConnachieCalifornia Supreme Court · 1897
  3. Estate of Morey v. WellsCalifornia Supreme Court · 1905
  4. Black v. SmithNorth Dakota Supreme Court · 1929
  5. Estate of MannCalifornia Court of Appeal · 1986

10 more not listed; retrieve them via the Exa API.

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