Altschul v. Doyle
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff recovered judgment in an action of ejectment, and the defendants moved for a new trial. O. C. Pratt was the Judge of the Twelfth District Court, who presided at the trial, and his term of office having expired, his successor, E. W. McEjnstry, granted a new trial. The plaintiff appealed from the order granting a new trial.
1Opinion of the Court
By the Court, Wallace, C. J.:
The motion of the defendants for a new trial was based not only upon errors of law alleged to have been committed at the trial, but also upon the insufficiency of the evidence to justify the decision. The motion was granted by the Court below, but the particular ground or grounds upon which it was granted do not appear by the record. It may have been granted because the Court below was,not satisfied with the evidence adduced upon some of the numerous sharply-disputed questions of fact involved, and it is a settled rule of practice prevailing in this Court not to…
2Cited by6 opinions
- Wilson v. California Central RailroadCalifornia Supreme Court · 1892
- Reay v. ButlerCalifornia Supreme Court · 1892
- Bauder v. TyrrelCalifornia Supreme Court · 1881
- Telefilm, Inc. v. Superior CourtCalifornia Supreme Court · 1949
- Blum v. SunolCalifornia Supreme Court · 1883
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