Kroff v. Kroff

This is an appeal from an order granting a new trial. The motion was made on the grounds specified in subdivisions 1, 3, 4, 6 and 7 of section 657, Code of Civil Procedure. A minute order was made on the 6th day of October, 1952, granting the new trial on the ground of insufficiency of the evidence to justify the decision. On the same day the court made and filed a written order merely ordering that the motion for new trial be granted without specifying any grounds therefor.

Appellant at the outset contends that the granting of a new trial on the ground of insufficiency of the evidence cannot…