gno.law

Palmer Cooke & Co. v. Stewart

California Supreme Court · · 1852-07-15 · Published · 2 Cal. 348

PALMER COOKE & CO. v. WILLIAM STEWART

Area
civil
Panel
Solomon Heydenfeldt (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Heydenfeldt

The opinion of the Court was delivered by Heydenfeldt, Justice.

The power of this Court, to reverse an order of the District Court granting a new trial, is novel, and must be exercised with extreme caution.

In this case, as it is disclosed by the record, the District Court may well have granted or refused a new trial without impeachment of its legal discretion.

The correct doctrine has been heretofore settled by this Court in the case of Drake, et al. v. Palmer, Cook & Co., and upon the authority of that case, the appeal in this is dismissed with costs.