Austin v. Gagan
California Supreme Court
APPEAL from Superior Court, ^Nevada County; John Caldwell, Judge. Action by one Austin against one Gagan and others. From an order granting a new trial, defendants appeal. Affirmed.
1Opinion of the CourtDe Haven, J.
The defendants appeal from an order of the superior court granting the plaintiff a new trial. The motion for a new trial was based upon alleged errors of law occurring during the trial, and upon the further ground that the evidence was insufficient to justify the decision of the court. The motion was heard upon a bill of exceptions, and the order of the court granting it does not specify the particular ground upon which the order was made.
1. Upon such a record the rule is firmly established here that the order will not be disturbed if the court was justified in granting the motion upon any of…
2Cases cited5 opinions
- Wilson v. California Central RailroadCalifornia Supreme Court · 1892
- Pierce v. SchadenCalifornia Supreme Court · 1880
- Treat v. LiddellCalifornia Supreme Court · 1858
- Altschul v. DoyleCalifornia Supreme Court · 1874
- People v. McAuslanCalifornia Supreme Court · 1872
3Cited by1 opinion
- Jones v. MooreUtah Supreme Court · 1923