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2 N.J. Misc. 710

Lyons v. Armstrong

Supreme Court of New Jersey

Decided July 17, 1924

Supreme Court of New Jersey · decided 1924-07-17

Cited by 1 later decisions — most recently July 1959

1 state decisions

Relies on State v. Potter

Good law ✅— No negative treatment on recordhow we know

Decided 1924-07-17

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¶1The opinion of the court ivas delivered by

Minturn, J.

¶2The Common Pleas had this matter before it upon rule to show cause why a new trial should not be granted upon two occasions, and in each instance reached the same result and set aside the verdict. There is no question of jurisdiction in the case, the only issue presented being whether the trial court, in setting aside the verdict as against the weight of evidence, abused the discretion reposed in it. I have no means of determining that question since the evidence is not before me, but if it were I should-hesitate long before granting this writ after the trial court in the exercise of its undoubted discretion had upon two occasions exercised it to the best of its judgment. State v. Potter, 83 N. J. L. 428.

¶3The rule will be discharged.

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