Summary

Portrait of Stephen Johnson Field Stephen Johnson Field Kerr v. Clampitt — Opinion of the Court

If the new trial be asked for excessive damages, or insufficiency of the evidence to justify the verdict or other decision, or that it is against law, or for errors occurring at the trial, the application must be made upon a statement of the case, setting forth so much of the proceedings had, evidence given or offered, and rulings of the court, as will distinctly present the grounds urged in its support.
Source: Wikisource

Portrait of Stephen Johnson Field Stephen Johnson Field Kerr v. Clampitt — Opinion of the Court

But whether the application be made upon affidavits, or a statement thus prepared, the rulings thereon, whether of the District Court originally, or of the Supreme Court of the Territory on appeal, are not subject to review by this tribunal. We have no jurisdiction to revise the action of an inferior court upon the question of granting or refusing a new trial, however meritorious the grounds presented for its consideration or erroneous its decis on. The final judgment cannot be examined through the rulings of the lower court upon that question.
Source: Wikisource

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