Legal Opinion

Fitzgerald v. Dodson

District Court, District of Columbia

Decided April 28, 1928No. Nos. 1372, 1373PublishedCited by 6 opinions

1Opinion of the Court

ROBB, Associate Justice.

In these eases the application for writs of error is based on the refusal of the trial court to grant a new trial.

It is settled law in this court that the action of the trial court in granting or refusing a new trial is not reviewable. Columbia Ry. Co. v. Cruit, 20 App. D. C. 521; Price v. United States, 14 App. D. C. 391; Kelly v. Moore, 22 App. D. C. 9. Even where the motion for a new trial is based upon newly discovered evidence, the action of the trial court will not be disturbed, unless there has been a manifest abuse of discretion. Mandes v. Midgett, 49 App. D.…

2Cases cited1 opinion

Mandes v. MidgettCourt of Appeals for the D.C. Circuit · 1919

3Cited by6 opinions

United States Ex Rel. Filomio v. PowellDistrict Court, D. New Jersey · 1941
Hamilton v. United StatesCourt of Appeals for the D.C. Circuit · 1944
Imhoff v. WalkerDistrict of Columbia Court of Appeals · 1947
Kenyon v. YoungmanDistrict Court, District of Columbia · 1930
District Nat. Bank v. MaiaticoCourt of Appeals for the D.C. Circuit · 1932

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