Hildebrand v. Harrison

4 Citing cases

  1. Hildebrand v. Harrison

    1961 OK 97 (Okla. 1961)   Cited 16 times
    In Hildebrand v. Harrison, Okla., 361 P.2d 498, we held it must be established by the most clear, conclusive and convincing evidence.

    Upon sustaining said motion, judgment was entered instanter for plaintiff. The defendants appealed. In reversing the trial court, we held ( 263 P.2d 174) that the trial court did not err in granting a new trial but did err in rendering a judgment against defendants prior to retrial of the case. On the second trial, judgment was rendered in favor of plaintiff and defendants appealed.

  2. Foltz v. Nicholson

    327 P.2d 692 (Okla. 1958)   Cited 3 times

    "Where a motion for new trial is granted, a showing for reversal should be much stronger than where a new trial is denied." Hildebrand v. Harrison, Okla., 263 P.2d 174. We hold that the action of the trial court in sustaining the motion for a new trial was not arbitrary or capricious, nor did the court err in some pure, simple and unmixed question of law.

  3. Hansen v. Cunningham

    285 P.2d 432 (Okla. 1955)   Cited 27 times

    And, also, that such rule is further extended by a multitude of cases which require that, when a new trial has been granted, the showing required for reversal of the trial court's ruling must be stronger than in instances where the motion has been denied. Hildebrand v. Harrison, Okla., 263 P.2d 174. However, plaintiff urges that the broad discretion reposed in the trial court is not an absolute, arbitrary discretion but must be a sound legal discretion which is to be exercised in discovering the course prescribed by recognized principles of law.

  4. Stillwell v. Johnson

    1954 OK 189 (Okla. 1954)   Cited 16 times
    In Stillwell v. Johnson, 272 P.2d 365 (Okla. 1954), we affirmed the trial court's grant of new trial where a juror had given false information about being a party in legal actions. The case involved an automobile accident, and the jurors were asked whether they had ever been a party in a lawsuit involving an automobile accident.

    " In the more recent opinion in the case of Hildebrand v. Harrison, Okla., 263 P.2d 174, handed down in 1953, this Court quoted from the Keystone case, supra, and the same rules have been announced and approved in numerous decisions of this Court. The only question before us is whether the court erred in some question of law, but for which its decision would have been otherwise, or abused its discretion by acting capriciously or arbitrarily.