Phelan v. Ruiz

Citations

• 15 Cal. 90

Syllabus

<p>The Court below may refuse a new trial, even though both parties consent to it. Where a case has been once fully tried, parties have not an arbitrary discretion to renew the litigation.</p> <p>Such refusal is no ground of error, particularly in an equity case, where there may have been no necessity for new trial, as upon application to the Court, upon the pleadings and facts before it, the proper decree might have been rendered, notwithstanding the verdict; or, if refused, the error corrected by appeal.</p>