Opinion
Appeal from the Twelfth District.
Suit upon several promissory notes. Answer, a set-off. The case was sent to a referee, who reported a finding and judgment in favor of plaintiff. Judgment being entered in accordance with the report, defendant excepted to the report, and moved to set it aside, and for a new trial, on the ground, among others, that the evidence was insufficient to justify it. Motion denied.
Defendant appeals.
There is nothing in the other point made; and the judgment is therefore affirmed.
COUNSEL
James W. Coffroth and G. W. Spaulding, for Appellant, cited Bagley v. Eaton, 8 Cal. 139; 5 Id. 137 .
Waller & Moore and Parker & Waterman, for Respondent.
JUDGES: Cope, J. delivered the opinion of the Court. Baldwin, J. concurring.
OPINION
COPE, Judge
The question in this case relates to the propriety of an order refusing a new trial, and the ground chiefly relied upon for a reversal is the insufficiency of the evidence to justify the decision. In making the order, the Court acted in the exercise of a sound legal discretion, and upon the evidence embodied in the record we cannot undertake to say that this discretion was abused. Our interference, under the circumstances, would be a departure from the rule upon which we have always acted in such cases.
There is nothing in the other point made; and the judgment is therefore affirmed.