Palmer Cooke & Co. v. Stewart

California Supreme Court

Palmer Cooke & Co. v. Stewart

2 Cal. 348

DecidedJuly 15, 1852

StatusPublished

This text of 2 Cal. 348 (Palmer Cooke & Co. v. Stewart) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Palmer Cooke & Co. v. Stewart, 2 Cal. 348 (Cal. 1852).

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Opinion

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.

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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.

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Bluebook (online)

2 Cal. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-cooke-co-v-stewart-cal-1852.