Townsend

Townsend v. Briggs

Good Law
1891 Cal. LEXIS 675·88 Cal. 230·26 P. 108
Supreme Court of CaliforniaMarch 5, 1891No. 13727California628 words

Opinion

Lead Opinion

Belcher, J.

The plaintiff brought this action to recover damages in the sum of twenty thousand dollars for personal injuries alleged to have been wrongfully, wantonly, and maliciously caused by the defendant.

The case was tried by a jury, and a verdict returned in favor of the plaintiff for five hundred dollars, on. which judgment was entered.

In due time the plaintiff served notice of his intention to move for a new trial, upon the following grounds: ‘ Í. Insufficiency of the evidence to justify the verdict; 2. That the verdict is against law; 3. Errors in law occurring at the trial, and excepted to by the plaintiff.” The notice stated that the motion would be made upon a bill of exceptions to be thereafter settled, and such a bill was thereafter settled and filed.

The court granted the motion, but upon what ground does not appear, and the defendant appeals from the order.

It is claimed for appellant that the bill of exceptions shows no errors in law committed at the trial, and contains no sufficient specification of the particulars in,which the evidence is alleged to be insufficient to justify the verdict, and hence that the new trial was improperly granted.

The bill of exceptions…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.