What is the effect of section 656 of the Code of Civil Procedure on a motion for a new trial?
California, United States of America
The following excerpt is from Robertson v. Superior Court In and For Kern County, 180 Cal.App.2d 372, 4 Cal.Rptr. 297 (Cal. App. 1960):
The effect of section 656, Code of Civil Procedure, and authorities cited by the parties in interest here in connection therewith, indicating that a new trial is a re-examination of an issue of fact was fully explained in Carney v. Simmonds, supra [49 Cal.2d 84, 315 P.2d 305] which to some extent specially overruled the holdings in some of those cases and definitely held that 'There may be a 'trial' and hence a situation proper for a new trial motion where only issues of law are determined' and said that 'As a matter of orderly procedure there is no less reason why the
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