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FITZGERALD v. DODSON

Nos. 1372, 1373.

26 F.2d 522 (1928)

FITZGERALD v. DODSON et al.

Court of Appeals of District of Columbia.

Decided April 28, 1928.

Attorney(s) appearing for the Case

Thomas J. Fitzgerald, of Washington, D. C., for petitioner.

C. P. Henry, of Washington, D. C., for respondents.

ROBB, Associate Justice.

In these cases the application for writs of error is based on the refusal of the trial court to grant a new trial.

It is settled law in this court that the action of the trial court in granting or refusing a new trial is not reviewable. Columbia Ry. Co. v. Cruit, 20 App. D. C. 521; Price v. United States, 14 App. D. C. 391; Kelly v. Moore, 22 App. D. C. 9. Even where the motion for a new trial is based upon newly discovered evidence...

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