Witter

The action was brought to recover money claimed to have been loaned by plaintiff to defendant. A general verdict was rendered by a jury in favor of defendant and a motion by plaintiff for a new trial was granted by the trial court. From this order the defendant has appealed. The motion was based upon several grounds, among which was specified the insufficiency of the evidence to sustain the verdict. The order of the trial court was as follows: “This cause is before the court on a motion for a new trial on the grounds of newly discovered evidence and insufficiency of evidence, etc. The court is of the opinion that a new trial should be granted and it is so ordered.”

The court, as will be observed, did not specify the particular ground upon which the order was based and it is therefore indisputable that said order must be affirmed if it can be justified upon any of the grounds upon which the motion for a new trial was made. There can be no doubt that the order óf the court may be justified upon the ground of the insufficiency of the evidence to sustain the verdict. The rule, as to this, is stated in People v. Flood, 102 Cal. 332 , [ 36 Pac. 663 ], as follows: “If one of the grounds…