Louisville & Nashville Railroad v. Wade

Citations

• 49 Fla. 179

Syllabus

<p>1. When a motion for a new trial is granted by the Circuit Court the presumption is that it was properly granted.</p> <p>2. Where a motion for a new trial in the Circuit Court is made upon several grounds, and the motion is granted generally, and it nowhere appears • in the .transcript upon which of the grounds of the motion the order was based, the order granting the new trial will not be reversed unless it appears ¡that the order was not justified by any of the grounds of the motion.</p> <p>3. An order granting a new trial which does not state any particular ground on which it was granted will not be disturbed when some of the grounds of the motion, as made in the Circuit Court are not properly presented for review.</p>