Cox v. Selover

1 Reported in 205 N.W. 691. Application for a writ of certiorari to review an order of the district court granting defendant's motion for a new trial for the reason that the verdict of the jury was not justified by the evidence.

Subdivision 4, § 9498, G. S. 1923, authorizes an appeal from an order granting a new trial when the order is based exclusively on errors occurring at the trial, but an appeal from an order granting a new trial for insufficiency of evidence is allowed only when a second verdict is set aside on that ground. We think it is wholly within the discretion of the trial court…