Austin v. Gagan

Citations

• 3 Cal. Unrep. 533
• 30 P. 790
• 1892 Cal. LEXIS 1026

Syllabus

<p>Appeal—Presumption.—On Appeal from an Order Granting a New Trial, where the motion was made on several grounds, including insufficiency of the evidence, and it does not appear on what ground it was granted, it will be presumed, in support of the order, where there was a conflict of evidence on a material point, that it was granted because of insufficiency of the evidence, and the order will not be reversed.</p> <p>Appeal.—An Order Granting a New Trial, when the evidence is conflicting, will not be reversed because the judge who made the order was not the one who presided at the trial.</p>