Rauer

Clark v. Rauer

Good Law
1905 Cal. App. LEXIS 269·2 Cal. App. 259·83 P. 291
Court of Appeal of CaliforniaNovember 25, 1905Civ. No. 91.California496 words

Opinion

Lead Opinion

Cooper, J.

This appeal is from an order _granting the motion of plaintiffs for a new trial. In such case all presumptions are in favor of the order, and, unless it is shown to the contrary, we will presume that the order was made upon some valid reason.

Appellant states that the motion for a new trial was argued in October, 1902, and his “contention there was that respondents’ motion should be denied on the ground that the statement on motion for a new trial contained no specifications of error, or particulars wherein the evidence was in sufficient to justify the decision.” The court, however, permitted the respondents to amend their statement by inserting such specifications and particulars. The court did not abuse its discretion in allowing the statement to be so amended. It was proper and right for the court to allow the amendment, so that the motion might be presented on its merits. (In re Lamb, 95 Cal. 408 , [ 30 Pac. 568 ].) The specifications as amended are sufficient under the liberal rule now allowed in this court. It is specified “that there has been no evidence introduced at the trial of this cause tending to show that the plaintiffs were injured by any acts of the defendant, or…

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