Wood v. Holah
Supreme Court of Connecticut
Petition for a new trial, brought to and tried by the Court of Common Pleas in Fairfield County, Scott, J.; facts found and judgment rendered denying the petition, and appeal by the petitioner. The case for which a new trial was sought was that of Wood v. Holah, reported in 79 Conn. 215, 64 Atl. 220. Judgment for the defendant was rendered therein.
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Petition for a new trial, brought to and tried by the Court of Common Pleas in Fairfield County, Scott, J.; facts found and judgment rendered denying the petition, and appeal by the petitioner. The case for which a new trial was sought was that of Wood v. Holah, reported in 79 Conn. 215, 64 Atl. 220. Judgment for the defendant was rendered therein. The plaintiff thereafter brought the present petition, alleging, as the sole reason why a new trial should be granted, improper conduct on the part of the acting-judge who tried the cause, which was prejudicial to the plaintiff. The court below…
1Opinion of the CourtPrentice, J.
A petition for a new trial is addressed to the discretion of the court and will never be granted except upon substantial grounds. It will not be granted where the error ,or irregularity is a harmless one. Lester v. State, 11 Conn. 415, 418; State v. Brockhaus, 72 id. 109, 116, 43 Atl. 850. The action of the court thereon being discretionary, it will not ordinarily be reviewed. As, however, the discretion which the court is called upon to exercise is not an absolute but a legal one, this court will upon appeal set aside its action when it appears that there was a misconception on its part as…
2Cases cited10 opinions
- Gannon v. StateSupreme Court of Connecticut · 1903
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- Peck v. PierceSupreme Court of Connecticut · 1893
- State v. BrockhausSupreme Court of Connecticut · 1899
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3Cited by24 opinions
- Aillon v. StateSupreme Court of Connecticut · 1975
- Hayward v. PlantSupreme Court of Connecticut · 1923
- E. M. Loew's Enterprises, Inc. v. SurabianSupreme Court of Connecticut · 1959
- State v. SwiftSupreme Court of Connecticut · 1939
- Felix v. Hall-Brooke SanitariumSupreme Court of Connecticut · 1953
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