Fitzgerald v. Dodson

26 F.2d 522, 58 App. D.C. 150, 1928 U.S. App. LEXIS 3703

Opinion

ROBB, Associate Justice.

In these eases the application for writs of error is based on the refusal of the trial court to grant a new trial.

It is settled law in this court that the action of the trial court in granting or refusing a new trial is not reviewable. Columbia Ry. Co. v. Cruit, 20 App. D. C. 521; Price v. United States, 14 App. D. C. 391; Kelly v. Moore, 22 App. D. C. 9. Even where the motion for a new trial is based upon newly discovered evidence, the action of the trial court will not be disturbed, unless there has been a manifest abuse of discretion. Mandes v. Midgett, 49 App. D. C. 139, 261 F. 1019.

It results that these applications must be denied.