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" rests so fully in the discretion of the trial court, that its action is conclusive upon this court, unless it appears that there has been an abuse of discretion. "
Reports of Cases Determined in the Supreme Court of the State of California - Side 611
av California. Supreme Court - 1906
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Reports of Cases Determined in the District Courts of Appeal of ..., Volum 13

California. District Courts of Appeal - 1911 - 1008 sider
...trial court abused its discretion in granting the order for a new trial. "The granting or denying a new trial on the ground that the evidence is insufficient...verdict, where there is a substantial conflict in the evidence," says the supreme court, in Domico v. Casassa, 101 Cal. 413, [35 Pac. 1024], "rests so fully...
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Pacific States Reports: Extra Annotated, Bok 14

1906 - 2184 sider
...Insufficient to justify the verdict. BzvEKaiNO OROSK GIU.NTIM; NEW TBIAL.— If the Court below grants a new trial on the ground that the evidence Is Insufficient to Justify the verdict, the Appellate Court will not reverse the order, ezcept In case of an evident abuse of discretion. APPEAL...
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A Treatise on New Trial and Appeal: Appeal

Robert Y. Hayne - 1912 - 1036 sider
...court cannot interfere with the verdict of a jury, nor with the action of the court below in refusing a new trial, on the ground that the evidence is insufficient to justify the verdict, unless there was such a lack of evidence as to satisfy us that the court below abused its discretion...
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The Pacific Reporter, Volum 143

1915 - 1338 sider
...reason leading to the making of it [2] The rule is thoroughly settled that: "The granting or denying a new trial on the ground that the evidence is insufficient...its action is conclusive upon this court, unless it api>ears that there has been an abuse of such discretion." Domico v. Casussa, 101 Cal. 413, 35 Рас....
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Reports of Cases Determined in the District Courts of Appeal of ..., Volum 25

California. District Courts of Appeal - 1915 - 984 sider
...reversed unless it appears that the order itself was an abuse of discretion. The granting or denying of a new trial on the ground that the evidence is insufficient...there is a substantial conflict in the evidence, rests BO fully in the discretion of the trial court that its action is conclusive upon the appellate court,...
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The Pacific Reporter, Volum 143

1915 - 1340 sider
...the discretion of the trial court that its action is conclusive upon this court, unless it ap])ears that there has been an abuse of such discretion." Domico v. Casassa, 101 Cal. 413, 35 Pnc. 1024 : Warner v. Thomas, etc., Works, 105 Cal. 411, 88 Рас. 960 ; Eidinger v....
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Reports of Cases Determined in the District Courts of Appeal of ..., Volum 32

California. District Courts of Appeal - 1917 - 940 sider
...well-established rule that "the granting or denying a new trial on the ground that the evidence is insufficient ti justify the verdict, where there is a substantial...unless it appears that there has been an abuse of discretion." (Domico v. Casnssi, 101 Cal. 413, [35 Pac. 1024] ; Warner v. Thomas etc. Works, 105 Cal....
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The Northwestern Reporter, Volum 166

1918 - 1214 sider
...Рас, 1024, the italicizing being ours: "The granting or denying a new trial on the i ground thnt the evidence is insufficient to justify the verdict,...the discretion of the trial court that its action is conelusive upon, this court, unless it appears that there hag been an abuse of such discretion ; and...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 54

Montana. Supreme Court - 1918 - 770 sider
...judgment and an order denying its motion for a new trial. Counsel challenges the integrity of the judgment on the ground that the evidence is insufficient to justify the verdict, and that the court therefore erred in denying defendant's motion for a new trial. Among others he makes...
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The Northwestern Reporter, Volum 169

1919 - 1116 sider
...Iiarty holding the burden of proof can be based, «uch verdict should be set aside upon a motion for a new trial on the ground that the evidence is insufficient to justify the verdict 2. REPLEVIN <S=»134— ACTION ON BOND— EVIDENCE. In an action against the sureties upon a bond,...
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