Philp & Solomon v. Gardner & Angus
This text of 8 D.C. 165 (Philp & Solomon v. Gardner & Angus) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By the Court:
Without hearing the argument on the merits of this appeal, we are of opinion that it must be dismissed for the reason that an order setting aside a verdict in favor of the plaintiff, and granting a new trial, cannot be reviewed here on appeal. The motion for a new trial is addressed to the sound discretions of the justice before whom the trial was had. This is according to the common-law practice, and the act of Congress organizing this court has not changed the rule, except a case or bill of exceptions shall be settled in the usual manner. Brightly’s Dig., 177, sec. 8.
The appeal must, therefore, be dismissed and the case remanded to the circuit.
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8 D.C. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philp-solomon-v-gardner-angus-dc-1873.