Schumaker v. Gelpcke
Supreme Court of Iowa
Appeal from Dubuque District Court. to the points that the Supreme Court will review the ruling of the District Court in granting a new trial, cited Stewart v. Ewbank 3 Iowa 191; Cook Sargent ft Cook v. Syphcr lb. 484.
1Opinion of the CourtWright, J.
Defendant moved for a new trial upon the ground that he was taken by surprise by certain testimony introduced by plaintiff. The Court in the exercise of its discretion, a discretion wisely lodged with the judge trying *85the cause, in such cases, determined that there had been such surprise. With this discretion we would not interfere, unless well satisfied it had been abused.1 Nothing of the kind appears iu this instance and we have therefore no hesitation in concluding that the order granting a new trial should stand undisturbed.. To justify a roversal of an order granting a new trial, a…
2Cases cited4 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Jourdan v. ReedSupreme Court of Iowa · 1855
- Leach v. KeachSupreme Court of Iowa · 1858
- Newell v. SanfordSupreme Court of Iowa · 1860