Legal Opinion

Rooker v. Parsley

Indiana Supreme Court

Decided November 15, 1880No. 7670PublishedCited by 9 opinions

From the Hamilton Circuit Court.

1Opinion of the CourtElliott, J.

— This case was twice tried. The appellant prevailed upon the first trial, and the court granted the appellee a new trial. Upon this ruling is based one of the assignments of error.

The general rule is, that appellate courts will not review the action of a trial court in granting a new trial. It is only where it is made to appear, and that very clearly and plainly, that substantial injustice was certainly done, that the ruling will be disturbed. A party ashing the reversal of a cause, upon the ground that a new trial was erroneously awarded, must present an unusually strong case. This is • not…

2Cases cited1 opinion

  1. Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876

3Cited by9 opinions

  1. Sage v. StateIndiana Supreme Court · 1891
  2. Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
  3. Studabaker. v. FaylorIndiana Supreme Court · 1908
  4. Wabash Railroad v. MillerIndiana Supreme Court · 1901
  5. Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912

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