McCann

This is an appeal from an order of the superior court granting the motion of plaintiff for a new trial. The action was originally brought in the justice’s court, the cause of action in form being that for the unlawful detainer of real property, it'being alleged in the complaint that the rental value thereof was less than the sum of twenty-five dollars per month, which allegation was sufficient to give jurisdiction to the justice’s court, unless upon the trial the evidence disclosed the fact to be that the rental value of such premises was in excess of twenty-five dollars per month. The justice of the peace determined the action upon the merits in favor of plaintiff, and an appeal followed which was taken by the defendants to the superior court on questions of both law and fact. The superior court thereupon proceeded to try the action anew and rendered judgment in favor of defendants. Thereafter, motion for a new trial being presented by plaintiff, an order was made granting the same. One of the grounds assigned in the notice of intention to move for a new trial was the insufficiency of the evidence to justify the decision of the court. The trial judge at the conclusion of all the…