Bellinger v. Jones

1. “Tlie 'first grant of a new trial will not be disturbed by tlie Supreme Court, unless tlie plaintiff in error shows that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.” Civil Code (1910), § 6204.

2. In granting the new trial the presiding judge passed the following order; “This was a proceeding brought against the defendants as intruders, and the burden was on the plaintiff not only to establish his right to *108possession, but also to show that the defendants acquired possession in bad faith.…