[Download] "Hinton v. Peterson" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Hinton v. Peterson
- Author : Supreme Court of Montana
- Release Date : January 19, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Appeal and error ? New trial ? Consent to have excessive judgment reduced ? Omitted credit treated as irregularity. Where an appeal was from an order granting defendants motion for a new trial, insofar as the new trial was based upon excessiveness of the verdict because of the failure to allow credit for an item which the plaintiff admitted should have been allowed, the Supreme Court could consider the propriety of denying plaintiffs consent to have the judgment reduced by the amount of the omitted item and the omission of such item as a credit in the verdict would be treated as an irregularity which could be corrected by the trial court, and the overlooked item furnished no basis for granting of the motion for a new trial. 2. New trial ? Not granted when verdict is supported by substantial evidence. Where there is substantial evidence in the record to support the verdict, the trial court cannot grant a new trial for insufficiency of the evidence. 3. Master and servant ? Evidence was substantial to support verdict. The evidence was sufficient to support a finding that an amount of $1,718.90 was due the plaintiff from the defendants for wages as a ranch hand, irrigator, foreman, and manager of the ranch, after allowing proper credits claimed by the defendants by way of an affirmative defense. 4. Appeal and error ? New trial ? Trial court cannot act arbitrarily in granting new trial. The granting or refusing of a motion for a new trial rests in the trial courts discretion, but that discretion is not so unrestricted as to permit the court to act arbitrarily, and such discretion will be controlled by the Supreme Court when it has been exercised without substantial reason. 5. New trial ? Trial court acted arbitrarily in granting new trial. Where there was no justification for not accepting the jurys verdict so far as it allowed plaintiff $75 per month wages as testified to by him and his witnesses, instead of $40 as testified to by the defendants, the trial court abused its authority in granting a new trial on the ground of insufficiency of the evidence to support the verdict.