Newton v. Brown
Utah Supreme Court
Appeal from the Third Judicial District Court. Action for the claim and delivery of.personal property, brought by the respondents against the appellant.
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Appeal from the Third Judicial District Court. Action for the claim and delivery of.personal property, brought by the respondents against the appellant. The complaint is in the regular form, and alleges that plaintiffs were in possession of the property and were the owners thereof, at Ogden, Utah, on the 28th day of April, 1873; that the value of the property was $10,000, and asks damages for its deténtion in the sum of $2,000. The answer admits that plaintiffs were in possession of the property at the time alleged, that it was taken by defendant, the value of the property and damages, but…
1Opinion of the CourtEmeeson, J.
This is an appeal from an order granting a new trial.
The grounds upon which the motion is granted, as stated in the order, are (1) “That the evidence does not support the verdict or judgment, and (2) That it does not appear from the evidence that the defendant had any interest in the property, or if he had any such interest, to what extent or for what amount.”
When the motion for a new trial is founded upon the insufficiency of the evidence to support the verdict and judgment, a large discretion is vested in the court below, in refusing or granting the motion. It must plainly appear that this…
2Cases cited3 opinions
- Treat v. LiddellCalifornia Supreme Court · 1858
- O'Brien v. BradyCalifornia Supreme Court · 1863
- Newton v. BrownUtah Supreme Court · 1876
3Cited by10 opinions
- King v. Union Pac. R. Co.Utah Supreme Court · 1949
- Fisher v. KellyOregon Supreme Court · 1896
- Brown v. JohnsonUtah Supreme Court · 1970
- Bowers v. Union Pacific RailroadUtah Supreme Court · 1885
- Beckstead v. GriffithIdaho Supreme Court · 1906
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