McCrum v. Corby
Supreme Court of Kansas
Error from Doniphan District Court. Action by Amanda Corby, as executrix, etc., plaintiff, against McCrum and three others, defendants. This action was once before in this court, and is reported in 11 Kas. 464, where a full statement of the facts will be found. A new trial of the case was had in the district court, at the March Term 1874. On the trial, findings of fact were submitted to the jury, and a general verdict for the defendants returned.
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Error from Doniphan District Court. Action by Amanda Corby, as executrix, etc., plaintiff, against McCrum and three others, defendants. This action was once before in this court, and is reported in 11 Kas. 464, where a full statement of the facts will be found. A new trial of the case was had in the district court, at the March Term 1874. On the trial, findings of fact were submitted to the jury, and a general verdict for the defendants returned. A motion was made by the plaintiffs to set aside the verdict, and was sustained, and a new trial ordered. From this order of the district court the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The only error complained of in this case is the granting of a new trial. This, under our statute, is doubtless an order which is reviewable; but as was said in the case of Field v. Kinnear, 5 Kas. 238, “ this court will require a much stronger and clearer showing of legal error, or abuse of judicial discretion, before it will interfere, when the new trial has been granted, than where it has been refused^ for the very obvious reason, that where a new trial has been granted an opportunity is afforded for another full and fair trial upon the…
2Cases cited1 opinion
- Field v. KinnearSupreme Court of Kansas · 1869
3Cited by11 opinions
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
- Nicholas v. LathamSupreme Court of Kansas · 1956
- Welsh v. Milton Water Co.Massachusetts Supreme Judicial Court · 1909
- Gould v. RobinsonSupreme Court of Kansas · 1957
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
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