Nelson v. Floyd

California Supreme Court
Nelson v. Floyd, 2 Cal. Unrep. 325 (Cal. 1884)
4 P. 105

Nelson v. Floyd

Opinion of the Court

By the COURT.

Appeals from an order granting a new trial. The decision and judgment, which the court set aside, were founded upon substantially conflicting evidence, bearing upon the main questions, as issue between the parties, as to the existence and extent of the subordinate claims and liens against the building- in controversy; and as the court set the judgment aside and granted a new trial upon the ground that the evidence was insufficient to justify them, this court, in the absence of a manifest abuse of discretion, will not disturb the order: Guttierrez v. Brinkerhoff, 9 Pac. C. L. J. 734; Blum v. Sunol, 63 Cal. 341, 11 Pac. C. L. J. 275; Pierce v. Schaden, 55 Cal. 406; Bronner v. Wetzlar, 55 Cal. 419.

Order affirmed.

Reference

Full Case Name
NELSON v. FLOYD FRASER v. NELSON and Another
Status
Published
Syllabus
Appeal.β€”An Order Granting a New Trial, Where the Evidence was substantially conflicting, will not be disturbed on appeal.