Shain v. Meier & Frank Co.

Section 2-801, Oregon Code 1930, defines a new trial as “a re-examination of an issue of fact in the same court after judgment.” Among the grounds for a new trial is “error in law occurring at the trial, and excepted to by the party making the application” : Oregon Code 1930, § 2-802, subd. 7.

1. In reviewing the action of the trial court in granting a new trial, it must be remembered that “all intendments favor an order made by the judge who presided at the trial, granting a new trial”: Bancroft’s Code Practice and Remedies, § 6177.

With reference to the construction of statutes in application…