Castor v. Bernstein
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco, granting a new trial. John Hunt, Judge. The facts are stated in the opinion of the court. Otto Irving Wise, and Crittenden Thornton, for Appellant.
1Concurrence
COOPER, J., Concurring.
The instrument claimed to be a release was admitted in evidence by the trial court, and was thus a part of the record upon which the jury rendered its verdict. The court, therefore, on the motion for a new trial, had the right to review the evidence, and to set aside the verdict of the jury if it believed such verdict was not supported thereby. The court did review the evidence; and, believing that the verdict was contrary thereto, granted the new trial. There was no abuse of discretion in malting the order. Conceding that the court erroneously admitted the release in…
2Cases cited4 opinions
- Verzan v. McGregorCalifornia Supreme Court · 1863
- Doe ex dem. Henderson v. HackneySupreme Court of Georgia · 1854
- Williams v. DrexelCourt of Appeals of Maryland · 1860
- Hausmann v. Sutter-Street Railway Co.California Supreme Court · 1903