Kuenzel v. Nicolson

(dissenting). — The majority opinion properly states that appellate courts will not review the action of trial courts in granting new trials unless satisfied that the order was the result of injudicial bias. This is but a general statement of the rule which is to be found in many decisions. The profession needed some standard or rule by which “injudicial bias” could be determined. The supreme court announced the rule in Bank v. Wood, 124 Mo. 172, to the effect that if there appeared to be “a substantial conflict” in the evidence' the action of a trial court in granting a new trial ought not…