(Download) "Portage Township v. Full Salvation Union." by Supreme Court of Michigan " eBook PDF Kindle ePub Free

eBook details

Title: Portage Township v. Full Salvation Union.
Author : Supreme Court of Michigan
Release Date : January 13, 1947
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

We granted leave to appeal to address whether the trial court erred in granting defendants motion for a new trial on the basis that the great weight of the evidence standard established in People v Herbert, 444 Mich 466, 476; 511 NW2d 654 (1993), permitted the trial Judge to act as a "thirteenth juror." Insofar as it authorizes Judges to grant new trial motions on the basis of a disagreement with juror assessment of credibility, Herbert is overruled. A trial Judge does not sit as the thirteenth juror in ruling on motions for a new trial and may grant a new trial only if the evidence preponderates heavily against the verdict so that it would be a miscarriage of Justice to allow the verdict to stand.