Speck v. Hoyt

Citations

• 3 Cal. 413

Syllabus

<p>Refusing or granting a new trial will not be disturbed, except where there is a gross abuse of discretion. Nor where the decision of the court is upon bare questions of fact.</p> <p>But where the question of law was adverse to the verdict, and the court might well have granted a nonsuit, or instructed the jury to find for the other party, a new trial should have been granted; and the refusal to do so was such an improper use of its discretion as calls for the exercise of the revisory power of this court.</p>