Sherman v. Mitchell

Citations

• 46 Cal. 576

Syllabus

<p>Compliance with Conditional Order Granting New Trial. — When an order is made granting a new trial to several defendants, on condition that the defendants pay the costs of the action up to date, a payment by the defendants to the plaintiff of the costs of the action made prior to the date of the order, is a compliance with the condition, and a payment made by one of the defendants, and not by all, is also a compliance.</p> <p>Idem._If an order? is made granting a new trial to the defendants, on the' compliance by them with certain conditions, and the conditions are complied with, the Court cannot, on a motion to vacate this order, look beyond the question as to whether the conditions have been complied with, and undertake to investigate arrangements concerning the action made between the defendants themselves.</p> <p>New Trial Because Verdict is Against Evidence. — The rule, that where there is a substantial conflict in the evidence the Supreme Court will not grant a new trial because the verdict is against the weight of evidence, does not apply to the Court below in which the trial was had. There, if the Judge is satisfied that the verdict is against the weight of evidence, he should grant a new trial, even if there is a conflict in the evidence.</p>