Hammel v. Stone

Citations

• 2 Cal. Unrep. 785
• 14 P. 675

Syllabus

<p>Appeal—Order Granting New Trial—Intendment.—On appeal from an order granting a new trial, made by a judge other than the one who presided at the trial of the cause, on the ground that the evidence was not sufficient to support one of the findings of fact, every intendment prevails in favor of the correctness of such order, and such intendment must be overcome by an affirmative showing of error, and an abuse of that sound legal discretion which the lower court was called upon to exercise in relation to the matter, in order to justify a reversal of such order by the appellate court.</p>