Legal Opinion

Newell v. Sanford

Supreme Court of Iowa

Decided April 18, 1860PublishedCited by 5 opinions

Appeal from Polk District Court. Action of right. Trial by jury and verdict for the defendant. Motion by plaintiff for a new trial for the reason that the court had erred in giving certain instructions to the jury, as asked by defendant, and in refusing to give certain instructions as asked by the plaintiff; also in excluding from the jury certain evidence offered by the plaintiff. This motion was sustained and a new trial granted, from which order defendant appeals.

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Appeal from Polk District Court. Action of right. Trial by jury and verdict for the defendant. Motion by plaintiff for a new trial for the reason that the court had erred in giving certain instructions to the jury, as asked by defendant, and in refusing to give certain instructions as asked by the plaintiff; also in excluding from the jury certain evidence offered by the plaintiff. This motion was sustained and a new trial granted, from which order defendant appeals. An appeal lies from an order granting a new trial, Shaw v. Sweeney, 2 G. Greene 587; Stewart v. Ewbanks, 3 Iowa 191; Parker y.…

1Opinion of the CourtBaldwiN, J.

It bas been fully settled by this court, that tbe discretion given to tbe District Court to grant or refuse a new trial will not be interfered with, unless that discretion bas been abused, or unless it is made fully apparent to this court that great injustice bas been done to the party complaining. 7 Iowa 244.

It bas also been doubted whether tbe order of tbe District Court in granting a new trial could be properly appealed from and reviewed in this court. Whilst this right bas been recognized, it has also been held that a stronger case should be made to justify tbe interposition of this court…

2Cases cited2 opinions

  1. Ruble v. McDonaldSupreme Court of Iowa · 1858
  2. State v. SmithSupreme Court of Iowa · 1858

3Cited by5 opinions

  1. Mehan v. C., R. I. & P. R.Supreme Court of Iowa · 1880
  2. Forney & Thayer v. Ralls & WillitsSupreme Court of Iowa · 1870
  3. Barnes v. McDanielsSupreme Court of Iowa · 1872
  4. Conner & Co. v. MountainSupreme Court of Iowa · 1870
  5. Schumaker v. GelpckeSupreme Court of Iowa · 1860

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