new trial
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 76 U.S. 608 - United States v. Ayres · 1869Most cited · 29 citing opinions
the order granting the new trial has the effect of vacating the former judgment, and to render it null and void, and the parties are left in the same situation as if no trial had ever taken place in the cause. This is the legal effect of the new trial by a court competent to grant it
How often courts cite the cases defining “new trial”
Court decisions citing the 2 opinions that defined “new trial” — 51 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1838–1869
- ORIGINAL
The granting or refusing of new trials rests in the sound discretion of the court below; and is not the subject of reversal in this Court.
discretion of trial court