Legal Opinion

Bernier v. Anderson

Idaho Supreme Court

Decided December 11, 1902PublishedCited by 19 opinions

APPEAL from District Court, Shoshone County. The record does not show the grounds upon which a new trial was granted. The granting of a new trial is largely a matter of discretion with the judge of the trial court, but as this court bas held, this does not give to the" trial court the power to grant a new trial, except upon one of the grounds provided by statute.

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APPEAL from District Court, Shoshone County. The record does not show the grounds upon which a new trial was granted. The granting of a new trial is largely a matter of discretion with the judge of the trial court, but as this court bas held, this does not give to the" trial court the power to grant a new trial, except upon one of the grounds provided by statute. In this ease whether the new trial was granted on the ground that the evidence was not sufficient to support the verdict, or upon some other ground, we are not advised. No reason for setting aside the former verdict and for granting…

1Opinion of the Court

Per CUEIAM.

— This is an appeal from an order granting a new trial, and the appeal was first presented to this court at its April, 1902, term, and the action of the trial court in granting a new trial was sustained. A petition for a rehearing was granted, and the case was again submitted to the court on oral arguments of respective counsel and an exhaustive brief on behalf of appellants. This is an action upon an adverse claim involving the right of possession and ownership of certain premises claimed as a part of the Sixteen to One lode mining claim, situated in Placer Center mining district,…

2Cases cited10 opinions

  1. Perego v. DodgeSupreme Court of the United States · 1896
  2. Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
  3. State v. ReedIdaho Supreme Court · 1894
  4. Griffiths v. MontandonIdaho Supreme Court · 1895
  5. Lowe v. LongIdaho Supreme Court · 1896

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. MarrenIdaho Supreme Court · 1910
  2. Watson v. Navistar International Transportation Corp.Idaho Supreme Court · 1992
  3. Dawson v. EldredgeIdaho Supreme Court · 1962
  4. Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Hall v. JohnsonIdaho Supreme Court · 1950

14 more not listed; retrieve them via the Exa API.

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