Summary
In Gray v. Eaton, 5 Cal. 448, an appeal was taken from an order refusing a new trial upon issues framed in an equity suit, and the Court held that the application for the new trial was supererogatory, because the Judge had not decided upon the verdict, and that if he had, it was a matter in his mere discretion to grant or refuse the application, which was not revisable.
Summary of this case from Duff v. FisherOpinion
Appeal from the District Court of the Fourth Judicial District, San Francisco County.
COUNSEL:
Foote & Aldrich, for Appellants.
John B. Weller and Crockett & Page, for Respondent.
No briefs on file.
JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Bryan, J., concurred.
OPINION
HEYDENFELDT, Judge
The chancellor directed certain issues to be determined by a jury. This he had the right to do, as it might aid to inform his conscience. By the finding he is not bound any more than in his sound judgment it is supported by the evidence. So in his decree he may be governed by it, or he may disregard it.
The application, therefore, of the defendants for a new trial upon the issues, was supererogatory; because the judge had not yet decreed upon the verdict. But if he had, it was a matter in his mere discretion to grant or refuse the application, which is not revisable.
Held in Duff v. Fisher , 15 Cal. 375, that the Practice Act applies to equitable as well as legal actions; overruling