Wolfe v. Ridley

Citations

• 17 Idaho 173
• 104 P. 1014
• 1909 Ida. LEXIS 89

Syllabus

<p>New Total — Discretion of Court — Conflicting Evidence — Imposing Costs on Granting New Trial.</p> <p>1. Tbe granting of a new trial on tbe grounds of insufficiency of tbe evidence is addressed to tbe sound legal discretion of the trial court, and unless there be a clear abuse of such discretion the order will not be disturbed on appeal.</p> <p>2. Tbe rule in this state is that where tbe evidence submitted to tbe jury presents a substantial conflict and tbe trial court who saw and beard tbe witnesses and observed their demeanor and conduct, and saw and beard all that was said and done in tbe trial of tbe ease, thereafter grants a new trial, bis order will not be disturbed on appeal.</p> <p>3. It would be in tbe interest of good practice and tbe dispatch of business if trial courts when making orders granting new trials would specify tbe particular grounds on which such orders are made.</p> <p>4. Where a trial court grants a new trial it is within tbe sound discretion of tbe court as to whether or not be will require tbe party in whose favor tbe order is made to pay a part or all of tbe costs incurred upon tbe previous trial.</p> <p>(Syllabus by tbe court.)</p>