Clark v. Ellington

Citations

• 86 Wash. 110
• 149 P. 350
• 1915 Wash. LEXIS 882

Syllabus

<p>Appeal and Error — Review—Discretion—Grant oe New Trial. Under Rem. & Bal. Code, §§ 398, 399, authorizing a new trial after a trial by a jury, court, or referees and the setting aside of the verdict or other decision, it is discretionary to grant a new trial in an action at law tried to the court, which discretion will he reviewed only for abuse, where questions of law only are not involved.</p> <p>New Trial — Motions—Record. The purported denial of a motion for a new trial, before the motion was made or the findings entered or signed, does not preclude a motion for a new trial within the statutory time which did not commence until the findings were filed.</p>