Higuerra v. Bernal

Citations

• 46 Cal. 580

Syllabus

<p>New Trial.— The Supreme Court will not reverse an order of the Court below in granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict, if there was a conflict in the testimony.</p> <p>Retaxing Costs and Denying Execution. — If a new trial is granted to the defendant on payment of the plaintiff's costs within twenty days, and there is an error in the bill of costs, the defendant may, within the twenty days, tender the real sum due as costs, and if it is refused, move to re tax the costs after the twenty days expire, and the Court may re tax them, and refuse to let an execution issue.</p>