Say v. Hodgin

Citations

• 20 Idaho 64
• 116 P. 410
• 1911 Ida. LEXIS 69

Syllabus

<p>New Trial — Discretion ot Court — Conflicting Evidence — Contrary to Law.</p> <p>(Syllabus by tbe court.)</p> <p>1. . Upon appeal from an order granting a new trial on the ground of the insufficiency of the evidence to justify the verdict, even though the evidence is conflicting, such order will not be reversed unless it affirmatively appears to have been a clear abuse of discretion.</p> <p>2. If the vefdiet is contrary to the law as announced by the trial court, the order granting a new trial will not be disturbed.</p> <p>3. Trial courts possess a discretion to be exercised1 wisely in-the granting or refusal of new - trials, and such discretion will not be by the appellate court disturbed unless it manifestly and clearly appears to have been exercised unwisely and: to have been manifestly abused.</p>