APPEAL AND ERROR - REVIEWABILITY OF AN ORDER GRANTING A NEW TRIAL

Authors

Robert M. Warren, University of Michigan Law SchoolFollow

Abstract

When a trial court sets aside a verdict and grants a new trial, the order may or may not be reviewable depending on the jurisdiction. In some jurisdictions which permit a review, the aggrieved party must save an exception to the order and assign this ruling as error when an appeal is ultimately taken from a subsequent appealable decision. In other jurisdictions, he may take an appeal directly from the order.

This comment will discuss (1) the common-law practice which permitted no review of an order granting a new trial; (2) the practice allowing the aggrieved party to save an exception to the order and assign it as error on a subsequent appeal; (3) the procedure of direct appeal; and (4) the desirability of allowing a direct appeal.

Recommended Citation

Robert M. Warren, APPEAL AND ERROR - REVIEWABILITY OF AN ORDER GRANTING A NEW TRIAL, 38 Mich. L. Rev. 208 (1939).
Available at: https://repository.law.umich.edu/mlr/vol38/iss2/6