Trumbull v. Jackman

The opinion of the court was delivered by

Hoyt, J.

— This is an appeal from an order granting a new trial. Numerous questions have been presented for the consideration of the court, and elaborately argued by counsel. We shall find it necessary to refer to but few of them. It is conceded by the appellant that an order granting a new trial will not be set aside by the appellate court unless from the record it appears that there was an abuse of discretion by the superior court in making it. And for the reason that such an order does not deprive the one against whom it is made from having the…