State v. Valley Development Company

Dissenting Opinion

Prentice, J.

I believe that the majority opinion has failed to consider that this appeal is from a ruling of the trial court granting the motion for a new trial as opposed to one overruling such motion. Under the general rule, as first laid down in *282Nagle v. Hornberger (1854), 6 Ind. 69, an appellate court will always more readily control the discretion of the court below in refusing a new trial than in granting it, because the refusal operates as a final adjudication of the rights of the parties, and the granting of a new trial by the trial court is a question of sound…