Jacksha v. Gilbert
Idaho Supreme Court
APPEAL from District Court, Latah County. There was evidence both oral and documentary introduced upon behalf of the plaintiff and defendant, and, after a long' and comprehensive, as well as specific, charge to the jury, the-jury returned a verdict for the plaintiff for the possession or for the sum of $1,810, the value of the property, and for $125 damages, and judgment was entered upon this verdict in the-usual form.
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APPEAL from District Court, Latah County. There was evidence both oral and documentary introduced upon behalf of the plaintiff and defendant, and, after a long' and comprehensive, as well as specific, charge to the jury, the-jury returned a verdict for the plaintiff for the possession or for the sum of $1,810, the value of the property, and for $125 damages, and judgment was entered upon this verdict in the-usual form. A notice of intention to move for a new trial was made by the defendants. A bill of exceptions and a statement of. case on motion for a new trial were settled and allowed,. and…
1Opinion of the CourtHeston, J.
This is an appeal from an order of the district court granting a new trial. The rule is very generally recognized, in cases of appeals from an order granting a new trial, that the action of the lower court will not be interfered with unless the record shows an abuse of discretion on the part *740of the lower court. We have given the record in this case a careful examination, and we are of the ojsinion that there was not only no abuse of discretion on the part of the district court in making the order appealed from, but that such order was eminently fit and proper, in the case presented by the…
2Cited by20 opinions
- Seppi v. BettyIdaho Supreme Court · 1978
- O'DELL v. BasabeIdaho Supreme Court · 1991
- Robertson v. RichardsIdaho Supreme Court · 1989
- Sheets v. Agro-West, Inc.Idaho Court of Appeals · 1983
- Rosenberg v. ToetlyIdaho Supreme Court · 1969
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