Brooks v. San Francisco & North Pacific Railway Co.

Citations

• 110 Cal. 173
• 42 P. 570
• 1895 Cal. LEXIS 1036

Syllabus

<p>Appeal—Judgment—Review of Evidence.—Under section 939 of the Code of Civil Procedure the sufficiency of the evidence to support the judgment cannot be considered on an appeal therefrom, unless the appeal is taken within sixty days after the rendition thereof.</p> <p>Id.—New Trial—Conditional Order Granting.—An order granting anew trial on account of the insufficiency of the evidence to justify the verdict is within the discretion of the trial court, and that court may make-its order conditional upon the payment to the opposite party of a sum of money for counsel fees and expenses. Such an order will not be disturbed on appeal unless it manifestly appears that there has been an abuse of discretion.</p>