Anglo-Nevada Assurance Corp. v. Ross

Citations

• 123 Cal. 520
• 56 P. 335
• 1899 Cal. LEXIS 1110

Syllabus

<p>New Trial—Irregular Motion—Res Adjudicata.—An irregular motion for a new trial made without notice, and without statutory authority therefor, and which was at best the calling of the court's attention to What it might do of its own motion in setting aside the verdict under section 662 of the Code of Civil Procedure, is merely nugatory, and is not res adjudicata to prevent the hearing of a regular motion for new trial made upon the statutory grounds therefor.</p> <p>Id.—Conditional Order Granting New Trial.—A condition that plaintiffs pay a certain amount.as costs, attached to an order granting a new trial, cannot be complained of by the defendant, nor does it indicate that the aot of the court in granting the new trial was erroneous.</p> <p>Id.—Review upon Appeal—Insufficiency of Evidence.—An order granting a new trial will not be disturbed, where one of the grounds of the motion is insufficiency of the evidence to justify the verdict, if it cannot be said that the court abused its discretion in granting the motion on that ground.</p>