State v. Bowers

I cannot agree with the conclusion of the majority that the order granting a new trial should be reversed. The rule is an elementary one that the power to grant a new trial does not rest upon statute, but is inherent in the trial court except as limited by statute. 39 AmJur., New Trials, § 4; Larsen v. Johnson, 43 S.D. 223, 178 N.W. 876; Houck v. Hult, 58 S.D. 181, 235 N.W. 512. Statutes regulating new trials will not be construed to abridge the inherent power of the court when they *132manifest no intention to do so, but merely to regulate the rights of parties litigant. Annotation: 48 A.L.R.…