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Thurn v. Swain

1 Cal. Unrep. 94 Court Cal. Decision date 1861-05-03 English

Judges We concur: Field, C. J.; Baldwin, J.

Delivered by COPE, J.

Contents

Majority

p. 94
THURN v. SWAIN et al.
May 3, 1861.

Headnote

New Trial. — An Order Granting a New Trial will be Sustained on Appeal in all cases where an abuse of discretion by the trial court is not shown.

This is an appeal from an order granting a new trial. We always interfere in such eases with great reluctance, and never exercise our revisory authority except to correct an abuse of discretion. We think the purposes of justice do not require our interposition in this cause, and we are by no means clear that great injustice might not be done by a .contrary course.

The order is affirmed.

We concur: Field, C. J.; Baldwin, J.