Jones v. Sanders

Citations

• 103 Cal. 678
• 37 P. 649
• 1894 Cal. LEXIS 845

Syllabus

<p>Motion For New Trial—Review of Conflicting Evidence—Duty of Trial Court.—Upon motion for a new trial, it is the duty of the trial court to examine the evidence, even though it be con dieting, and if dissatisfied with the conclusions reached, to grant a new trial.</p> <p>Id.—Change of Judge.—The rule is the same whether the motion is heard by the judge who tried the case, or by some other judge, whose only knowledge of the facts is obtained from the record.</p> <p>Id.—Appeal—Review of Order Granting New Trial—Insufficiency of Evidence.—A motion for a new trial, upon the ground of the insufficiency of the evidence to justify the decision, is addressed to the sound legal discretion of the trial court, and an order granting a new trial on that ground will not be reviewed upon appeal unless it appears that there was a clear abuse of discretion.</p>