Legal Opinion

Peebles v. Peebles

Supreme Court of Iowa

Decided January 24, 1889PublishedCited by 7 opinions

Appeal from Monroe District Court. — Hon. Dell Stuart, Judge. This is an action in equity for the partition of certain real estate. There was a decree for the plaintiff. A motion for a new trial was sustained, and plaintiff appeals.

1Opinion of the CourtRoth rock, J.

It is very seldom that we are required to determine an appeal taken from an order granting a new trial. In the case of McKay v. Thorington, 15 Iowa, 29, it was said that “it is a constant practice in this court, as in all other appellate tribunals, to refuse to disturb such rulings when a new trial is granted, and when we would have done the same thing if it had been refused. And this upon the principle that a discretion is wisely lodged in such cases with the judge trying the case, which should not be controlled, except in a clear case of its abuse.” Applying this rule to this case, we see…

2Cases cited1 opinion

  1. McKay v. ThoringtonSupreme Court of Iowa · 1863

3Cited by7 opinions

  1. Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
  2. Snyder v. ThompsonSupreme Court of Iowa · 1907
  3. Chismore v. ChismoreSupreme Court of Iowa · 1914
  4. Hopkins v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
  5. Monteith v. Union Pacific, Denver & Gulf Railway Co.Colorado Court of Appeals · 1899

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