Stewart v. Ewbank
Supreme Court of Iowa
Appeal from, the Pottawatamie District Court. This action was brought to recover the amount of certain notes, and also an account. At the April term, 1855, of the District Court in Pottawatamie county, there was a trial by jury, and verdict for plaintiff. A motion was then made for a new trial, because the verdict was contrary to evidence, and the law as given by the court, as. well as- for other reasons. This motion was- overruled.
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Appeal from, the Pottawatamie District Court. This action was brought to recover the amount of certain notes, and also an account. At the April term, 1855, of the District Court in Pottawatamie county, there was a trial by jury, and verdict for plaintiff. A motion was then made for a new trial, because the verdict was contrary to evidence, and the law as given by the court, as. well as- for other reasons. This motion was- overruled. A further motion for a new trial was then made, based upon an allegation of newly discovered evidence, which was sustained. At the next October term, a second…
1Opinion of the Court
The appellee first maintains that the decision of the court below, sustaining a motion for a new trial, is not subject to revision in this court. Ordinarily, it is true, this court will hesitate in disturbing these decisions, where the question is one depending upon discretion. Even in such cases, however, this court has frequently entertained appeals, and affirmed or reversed, as that discretion was properly or improperly exercised. See Lloyd v. McClure, 2 G. Greene, 189 ; Millard v. Suiger, Ib. 144, where the de- • cisión of the court beíow refusing a new trial, was affirmed; also Jones v.…
2Cases cited3 opinions
- Jourdan v. ReedSupreme Court of Iowa · 1855
- Jones v. CoopriderIndiana Supreme Court · 1819
- Seal v. StateMississippi Supreme Court · 1872
3Cited by14 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Powell v. StateSupreme Court of Alabama · 1932
- Rose v. MagroSupreme Court of Alabama · 1929
- Hart v. StenceSupreme Court of Iowa · 1934
- Shepherd v. BrentonSupreme Court of Iowa · 1863
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