De Gutierrez v. Brinkerhoff

Citations

• 2 Cal. Unrep. 141

Syllabus

<p>Appeal—Order for New Trial—Conflict of Evidence.—The appellate court should not reverse an order for a new trial if there was before the trial court a substantial conflict of evidence on any material issue.</p> <p>Appeal—Order for New Trial—Conflict of Evidence—“Fraud” or Improvidence.—The trial court having found actual fraud from the evidence which was conflicting, its order thereafter for a new trial ought not to be disturbed, since the fraud imputed might, on reconsideration, turn out to have been mere improvidence.</p>