Rooker v. Parsley
Indiana Supreme Court
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
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
3Cited by9 opinions
- Sage v. StateIndiana Supreme Court · 1891
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Studabaker. v. FaylorIndiana Supreme Court · 1908
- Wabash Railroad v. MillerIndiana Supreme Court · 1901
- Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
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