Savage v. Sweeney
California Supreme Court
Appeal from an order of the late District Court of the Nineteenth Judicial District, granting a new trial. The facts necessary to be stated appear in the head notes and opinion of the court.
1Per curiam
This action was tried by the court, and. the *341decision was in favor of plaintiff. The plaintiff, nevertheless, moved for a new trial on the ground inter alla, that the evidence was insufficient to justify the decision. The court granted the motion, and from this order the defendant appealed.
It does not appear upon what grounds the new trial was granted, and, therefore, as every intendment must be indulged to sustain the judgment of the court below, this court is authorized to presume that it was granted on the insufficiency of the evidence to sustain the decision.
In relation to this, it is the…
2Cases cited2 opinions
- Pierce v. SchadenCalifornia Supreme Court · 1880
- Bronner v. WetzlarCalifornia Supreme Court · 1880
3Cited by3 opinions
- Kellenberger v. Market Street Cable Railway Co.California Supreme Court · 1893
- Tide Land Reclamation Co. v. CunninghamCalifornia Supreme Court · 1886
- Hammel v. StoneCalifornia Supreme Court · 1887