Legal Opinion
Heffington v. Paul
California Court of Appeal
Decided July 2, 1957No. Civ. 9103PublishedCited by 4 opinions
1Opinion of the Court
"VAN DYKE, P. J.
This is an appeal from an order granting a new trial after a defense verdict in a wrongful death action. The test. applicable to a claim of error in granting a new trial is thus expressed in Brandelius v. City & County of San Francisco, 47 Cal.2d 729, 733 [306 P.2d 432]:
“It is well settled that the granting of a motion for a new trial rests so completely within the discretion of the trial court that its action will not be disturbed unless a manifest and unmistakable abuse of discretion clearly appears. ... On appeal all presumptions are in favor of the order granting a new…
2Cases cited5 opinions
- Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
- Gigliotti v. NunesCalifornia Supreme Court · 1955
- Douglas v. HoffCalifornia Court of Appeal · 1947
- Chambers v. SpadaCalifornia Court of Appeal · 1955
- Carswell v. Pacific Greyhound Lines, Inc.California Court of Appeal · 1935
3Cited by4 opinions
- Hom v. ClarkCalifornia Court of Appeal · 1963
- Johns v. WardCalifornia Court of Appeal · 1959
- Powley v. ApplebyCalifornia Court of Appeal · 1957
- Leonardini v. Atchison Topeka & Santa Fe Railway Co.California Court of Appeal · 1960