State v. Schoenborn
Montana Supreme Court
Appeal from District Court, Phillips County, in the Seventeenth Judicial District; T. . A. Thompson, Judge of the. Eleventh District, presiding. Theodore E. Schoenborn was convicted of a felony. From an order granting him a new trial, the state appeals.
1Opinion of the CourtJustice Holloway
The defendant was convicted of a felony and the state has appealed from an order granting him a new trial.
Several of the statutory grounds are mentioned in the motion, but in this court the argument in support of the ruling is confined to one, viz.: The verdict is contrary to the evidence.
In 1863 the supreme court of California said: ‘It is only in [1] rare instances and upon very strong grounds that this *519court will set aside an order granting a new trial.” The language was quoted with approval by this court in McCauley v. Tyler, 11 Mont. 51, 27 Pac. 391, and the principle has been adhered to…
2Cases cited12 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Harley v. WilliamsMontana Supreme Court · 1915
- Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Flaherty v. Butte Electric Ry. Co.Montana Supreme Court · 1910
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3Cited by22 opinions
- Wieri v. Anaconda Copper Mining Co.Montana Supreme Court · 1945
- Gilna v. BarkerMontana Supreme Court · 1927
- State v. BrantinghamMontana Supreme Court · 1923
- Herberson v. Great Falls Wood & Coal Co.Montana Supreme Court · 1929
- Kosonen v. WaaraMontana Supreme Court · 1930
17 more not listed; retrieve them via the Exa API.