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

  1. Brandelius v. City & County of San FranciscoCalifornia Supreme Court · 1957
  2. Gigliotti v. NunesCalifornia Supreme Court · 1955
  3. Douglas v. HoffCalifornia Court of Appeal · 1947
  4. Chambers v. SpadaCalifornia Court of Appeal · 1955
  5. Carswell v. Pacific Greyhound Lines, Inc.California Court of Appeal · 1935

3Cited by4 opinions

  1. Hom v. ClarkCalifornia Court of Appeal · 1963
  2. Johns v. WardCalifornia Court of Appeal · 1959
  3. Powley v. ApplebyCalifornia Court of Appeal · 1957
  4. Leonardini v. Atchison Topeka & Santa Fe Railway Co.California Court of Appeal · 1960

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API