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1 Cal. Unrep. 94

Thurn v. Swain

California Supreme Court

Decided May 3, 1861

California Supreme Court · decided 1861-05-03

<p>New Trial. — An Order Granting a New Trial will be Sustained on Appeal in all cases where an abuse of discretion by the trial court is not shown.</p>

Decided 1861-05-03

COPE, J.

¶1This is an appeal from an order granting a new trial. We always interfere in such eases with great reluctance, and never exercise our revisory authority except to correct an abuse of discretion. We think the purposes of justice do not require our interposition in this cause, and we are by no means clear that great injustice might not be done by a .contrary course.

¶2The order is affirmed.

We concur: Field, C. J.; Baldwin, J.
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