Detroit Tug & Wrecking Co. v. Gartner
Michigan Supreme Court
Application for mandamus to compel respondent to grant a new trial. The facts are stated in the opinion.
1Opinion of the CourtChamplin, J.
Application for mandamus to compel the circuit judge to grant a new trial.
The granting or refusing of a motion for a new trial is a matter which rests in the discretion of the trial court. It is so clearly so that it is conceded that this Court has no jurisdiction to interfere with the decision of the circuit court, except it be to correct an abuse of the discretion exercised by it.
To warrant this Court in interfering in matters so entirely in the sound discretion of the circuit court as the granting or refusing of a new trial, the abuse of discretion ought to be so plain that, upon…
2Cases cited14 opinions
- LIFE AND FIRE INS. COMPANY OF NEW YORK v. Wilson's HeirsSupreme Court of the United States · 1834
- Gray v. BartonMichigan Supreme Court · 1886
- United States v. LawrenceSupreme Court of the United States · 1795
- Ex Parte Jesse HoytSupreme Court of the United States · 1839
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
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3Cited by38 opinions
- Gilbert v. DaimlerChrysler Corp.Michigan Supreme Court · 2004
- Alken-Ziegler, Inc. v. Waterbury Headers Corp.Michigan Supreme Court · 1999
- People v. BuieMichigan Supreme Court · 2012
- Grist v. Upjohn CompanyMichigan Court of Appeals · 1969
- Cooper v. CarrMichigan Supreme Court · 1910
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