From Casetext: Smarter Legal Research

Peters v. Foss

Supreme Court of California
Oct 1, 1860
16 Cal. 357 (Cal. 1860)

Summary

In Peters v. Foss, 16 Cal. 357, it was held that a motion for a new trial is addressed to the sound discretion of the court, and this court can interfere only in case of a plain abuse of discretion by the court below.

Summary of this case from Pico v. B. Cohn

Opinion

         Appeal from the Tenth District.

         Suit for damages to mining claims.

         Order affirmed.

         COUNSEL

          H. K. Mitchell, for Appellant.

          Goodwin & Belcher, for Respondents.


         JUDGES: Cope, J. delivered the opinion of the Court. Baldwin, J. concurring.

         OPINION

         COPE, Judge

         On the trial of this case, it was held by the Court that the answer was insufficient to raise an issue, except upon one of the allegations of the complaint, and the introduction of evidence was limited accordingly. When the answer was declared to be insufficient, the defendants asked leave to amend, but the Court refused to allow the amendment, and the plaintiff obtained a verdict. A new trial was afterwards granted, and from the order granting it the plaintiff appeals to this Court.

         A motion for a new trial is always addressed to the sound discretion of the Court, and we can only interfere where there has been a plain and obvious abuse of this discretion. There does not seem to have been any such abuse in the present case. We are not informed of the particular reasons upon which the Court acted, but sufficient appears to satisfy us that interference on our part would be improper. The defendants might with great propriety have been permitted to amend their answer, and substantial justice would doubtless have been promoted by such a course. In any shape in which the question could have been presented to us, we would probably have regarded the action of the Court upon that subject as conclusive; but a new trial having been granted for the purpose, no doubt, of affording the parties an opportunity to present the case fairly on its merits, we do not feel ourselves at liberty to interfere.

         Order affirmed.


Summaries of

Peters v. Foss

Supreme Court of California
Oct 1, 1860
16 Cal. 357 (Cal. 1860)

In Peters v. Foss, 16 Cal. 357, it was held that a motion for a new trial is addressed to the sound discretion of the court, and this court can interfere only in case of a plain abuse of discretion by the court below.

Summary of this case from Pico v. B. Cohn
Case details for

Peters v. Foss

Case Details

Full title:PETERS v. FOSS et al.

Court:Supreme Court of California

Date published: Oct 1, 1860

Citations

16 Cal. 357 (Cal. 1860)

Citing Cases

Wingate v. Ferris

It is only in rare instances and upon strong grounds that this Court will set aside an order granting a new…

Whitney & Woods v. Buckman

         William C. Wallace and B. C. Whitman, for Appellants.           John Reynolds, for Respondent,…