The federal appellate courts have, in a great many decisions, refused to review the denial of a motion for a new trial made in a lower federal court. The very recent case of Fairmount Glass Works v. Cub Fork Coal Co. once again presents the problem, and Justice Brandeis, writing the majority opinion, follows the prior holdings. In this very excellent opinion the learned Justice presents the reasons for the result generally reached, and enumerates some of the exceptions in a manner which should tend to clarify much of the doubt which has existed in this field of appellate jurisdiction.
FEDERAL PRACTICE -APPEAL AND ERROR - REVIEW OF DENIAL OF MOTION FOR NEW TRIAL,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol32/iss3/7