Hynes v. Nelson

Citations

• 5 Cal. Unrep. 741
• 2 P. 36
• 1884 Cal. LEXIS 760

Syllabus

<p>Appeal.—An Order of the Court, of Its Own Motion, Settirig Aside a Verdict is the equivalent of an order granting a new trial, and is reviewable upon a statement on appeal; but, being a matter within the legal discretion of the trial court, this court will not interfere with it unless abuse of discretion is shown.</p> <p>Malicious Prosecution—Probable Cause.—Where the Uncontradicted Evidence in a suit for malicious prosecution tends to show probable cause, and the verdict of the jury is against the instructions of the court, we cannot hold that there was an abuse of discretion in setting it aside.</p>