Higuerra v. Bernal
California Supreme Court
Higuerra v. Bernal, 46 Cal. 580 (Cal. 1873)
Higuerra v. Bernal
Opinion of the Court
The motion for a new trial was granted upon the ground of the insufficiency of the evidence to justify the verdict. There was a conflict of testimony upon the issues submitted to the jury, and in such case it is settled that this Court will not interfere with the judgment of the Court below. There was no error in retaxing the costs which were allowed to the plaintiff.
Order affirmed.
Reference
- Full Case Name
- MANUELLA HIGUERRA v. JOSE REYES BERNAL
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- New Trial.— The Supreme Court will not reverse an order of the Court below in granting a new trial upon the ground of the insufficiency of the evidence to justify the verdict, if there was a conflict in the testimony. Retaxing Costs and Denying Execution. — If a new trial is granted to the defendant on payment of the plaintiff's costs within twenty days, and there is an error in the bill of costs, the defendant may, within the twenty days, tender the real sum due as costs, and if it is refused, move to re tax the costs after the twenty days expire, and the Court may re tax them, and refuse to let an execution issue.