Bernson v. Bowman

Appeal by defendants from order granting new trial in action for foreclosure of chattel mortgage and for incidental relief by way of award of attorney fee and deficiency judgment. Judgment was entered upon a general verdict for defendants and the trial judge granted plaintiffs’ motion for new trial upon the expressed ground of insufficiency of the evidence.

The rules governing review of such an order were stated by this court in Brown v. Guy, 144 Cal.App.2d 659, 661 [301 P.2d 413] : “Upon the consideration of a motion for a new trial the court must make an independent appraisal of the…