51 P. 985 | Idaho | 1898
This action was commenced in the district court for Bannock county on July 29, 1893. The plaintiffs sued to recover damages claimed to have been suffered by them by reason of the failure and default of defendant in not keeping and performing the conditions of a contract entered into by
It is contended by the respondents that the evidence in the case does not support the verdict of the jury, and that, the trial court having so found, its action is conclusive, and the appellate court will not reverse its action. This is not the view this court has heretofore taken of this question. In Lowe v. Long, ante, p. 122, 47 Pac. 93, we held that “where the record does not show the grounds upon which a-new trial was granted, and no error warranting a new trial is apparent from the record, the order granting a new trial will be reversed.” The statute authorizes an appeal from an order of the district court granting a new trial. We suppose that the object and purpose of such appeal are to have the action of the trial court reviewed here. But, if we are to meet in limine the rule invoked by respondents, we fail to see the utility of an appeal. If the appeal is only for the purpose of securing the affirmance of the judgment of the district court, the statute is idle. Whether the action of the district court was predicated upon the insufficiency of the evidence, in its opinion, to sustain the verdict, or upon some other ground not apparent in the record, we are not advised. The district court gives no ground for setting aside the verdict of the jury, and we must either accept, as respondent insists that we should do, the conclusions of said court, or examine the record ourselves, and endeavor to ascertain if any error has occurred in the trial of the case which would, in our opinion, warrant or sustain the action of the trial court. Having once before examined, and stated at some length, the evidence in this case (see
