Wait v. Robertson Mortgage Co.

Citations

• 37 Wash. 282
• 79 P. 926
• 1905 Wash. LEXIS 721

Syllabus

<p>New Trial — Discretion—Review on Appeal. Upon granting a new trial solely on the ground that the verdict was excessive, the trial court must exercise its discretion, and the only question on appeal is whether the discretion has been abused.</p> <p>Same — Malicious Prosecution — Inquisition oe Lunacy — Excessive Damages. In an action for prosecuting a malicious inquisition of lunacy, wherein the plaintiff was arrested and confined until the following day, and in which the testimony disclosed no injury to plaintiff’s person or health, it is not an abuse of discretion to grant a new trial on the ground that a verdict for ?1,916 was excessive.</p> <p>Excessive Damages — Remission of Excess or New Trial Absolutely- — ^Appealable Order. In an action to recover unliquidated damages for a malicious prosecution, in which the jury return an excessive verdict, the question whether the excess shall he remitted or a new trial granted absolutely, is addressed solely to the discretion of the trial judge, and no appeal lies from the exercise thereof.</p>