MacKay v. . Lewis

Appeals from orders granting new trials are an innovation upon the practice heretofore existing, appeals and writs of error having been confined to final judgments or decrees.

There are but comparatively few cases in which the right of appeal from an order granting a new trial can safely be exercised. The appellant takes the risk not only of the questions considered by the court below, and upon which they have made the order, but of every other exception appearing upon the record, and every legal question that can be made by the respondent who may sustain his order upon showing any legal error…