Grigsby

The appeal in this case is by defendants, from an order granting plaintiff’s motion for a new trial.

The complaint states facts sufficient to constitute a cause of action. (Shattuck v. Carson, 2 Cal. 588 , and cases cited in note of 2d ed. of 2 Cal. 588 ; Pixley v. Huggins, 15 Cal. 127 ; England v. Lewis, 25 Cal. 337 .)

Plaintiff’s motion for a new trial was made on the ground, inter alia, of insufficiency of the evidence to justify the decision. Nothing appearing to the contrary, we must presume that the court granted the motion on this ground. Every intendment is to be made consistent with the record to sustain the correctness of the judgment of the court below. Where a new trial is *281 granted on the ground above stated, this court never interferes with it, unless there has been an abuse of discretion. Such a motion is submitted to the sound legal discretion of the court below, and a manifest abuse of such discretion only induces this court to reverse it. This is settled by more than a dozen cases decided here. In Breckinridge v. Crocker, 68 Cal. 403 , nearly all the cases on this point decided before the decision in that case are cited. There have been several cases since…