Merchants' Protective Ass'n v. Jacobson
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James E. Bothwell, Judge. Aetion on account. From an order of the court setting aside the verdict of the jury and granting a new trial on its own motion, defendant appeals.
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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. James E. Bothwell, Judge. Aetion on account. From an order of the court setting aside the verdict of the jury and granting a new trial on its own motion, defendant appeals. Trial courts possess a .discretion to be exercised wisely in the granting or refusal of new trials, and such discretion will not be by the appellate court disturbed unless it manifestly and clearly appears to have been exercised unwisely and to have been manifestly abused. (Say v. Eodgin, 20 Ida. 64, 116 Pae. 410; Cox v. Cox, 22 Ida.…
1Opinion of the CourtMcCAETHY, J.
The trial court granted a new trial on its own motion, on the ground that there had been a plain disregard by the jury of the instructions of the court in such a way as to satisfy the court that the verdict was ren*388dered under a misapprehension of the instructions and under the influence of passion and prejudice. This was done under the following provision of C. S., sec. 6893:
“The verdict of a jury may also be vacated and a new trial granted by the court in which the action is pending, on its own motion, without the application of either of the parties when there has been such a plain…
2Cases cited4 opinions
- Gould v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Townley v. AdamsCalifornia Supreme Court · 1897
- Eades v. TrowbridgeCalifornia Supreme Court · 1904
- Mizener v. BradburyCalifornia Supreme Court · 1900
3Cited by6 opinions
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Mountain States Implement Co. v. AraveIdaho Supreme Court · 1930
- Boam v. SewellIdaho Supreme Court · 1925
- Poulsen v. New Sweden Irr. Dist.Idaho Supreme Court · 1946
- Syth v. ParkeIdaho Supreme Court · 1991
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