 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1858 - 666 páginas
...the judge, who has all the facts and circumstances immediately before him, will not be disturbed by this Court, unless it appears that there has been an abuse of such discretionary power. There is nothing in this case to show us that there was such abuse. The third... | |
 | Nevada. Supreme Court - 1874 - 470 páginas
...EXCEPTION. See EVIDENCE, 13, 15. FINDINGS. 1. FINDINGS, WHEN ATTACKARLE AS AGAINST EVIDENCE. A motion for new trial on the ground that the evidence is insufficient to justify the findings, based upon the alleged existence of a proven fact not noticed in the findings, cannot... | |
 | Nevada. Supreme Court - 1874 - 468 páginas
...EXCEPTION. See EVIDENCE, 13, 15. FINDINGS. 1. FINDINGS, WHEN ATTACKABLE AS AGAINST EVIDENCE. A motion for new trial on the ground that the evidence is insufficient to justify the findings, based upon the alleged existence of a proven fact not noticed in the findings, cannot... | |
 | 1878 - 442 páginas
...acceptance, would support an action of this charater, the finding is attacked, upon the motion for ;i new trial, on the ground that the evidence is insufficient to justify it. Upon looking into the record we are unable to discover any evidence in support of the finding,... | |
 | 1917 - 1228 páginas
...ground that the evidence is insufficient to sustain the verdict, where there is a substantial conflict, ~ _ i B eq1 K 5 : 0 m = ] $gË˂ ͧ | mꋢ , +UzFˈ on appeal, unless there has been an abuse of discretion. [Ed. Note.— For other cases, see Appeal... | |
 | 1893 - 1182 páginas
...awarded, and the case was tried by a jury, he cannot complain of the jury's action in assessing damages on the ground that the evidence is insufficient to justify the verdict, aa the hurden of proving damages rests on defendant. 2. Pol. Code. 5 '¿(ИУ2, provides that a private... | |
 | 1898 - 1174 páginas
...of a trial court to set aside, or to refuse to set aside, a default and Judgment thereon, and that, unless it appears that there has been an abuse of such discretion, it is the duty of this court to sustain the district court. This was laid down in Loeb v. Schmith,... | |
 | 1888 - 994 páginas
...SPECIFICATION OF PABTICULARS. Under Code Civil Proc. Cal. íj 059, providing that the notice of a motion for a new trial on the ground that the evidence is insufficient to justify the verdict must specify the particulars in which the evidence is alleged to be insufficient, a notice of motion... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1891 - 684 páginas
...regard to making provision for the children, and this court will not disturb the order made by the trial court unless it appears that there has been an abuse of such discretion. The Western Paving and Supply Co. v. The Citizens' Street Railroad Co. There does not appear to have... | |
 | South Dakota. Supreme Court - 1918 - 804 páginas
...Domico v. Casassa, 101 Cal. 411, 35 Pac. 1024, the iltalicizing being ours: ' The granting or denying a new trial on 'the ground that the evidence is insufficient...evidence, rests so fully in the discretion of the trial csurt that its action is conclusive upon this court, unless it appears that tftere has been an abuse... | |
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The granting or denying a new trial on the ground that the evidence is insufficient to justify the verdict, where there is a substantial conflict in the evidence," says the supreme court, in Domico v. 
