Practice, C.P. — Rules — New trial — Appeals.
The granting or refusal of a rule for a new trial is a matter for the discretion of the court.
The appellate court will only examine the evidence to ascertain if there has been an abuse of such discretion, and, in the absence thereof, the action of the lower court will be sustained.
Argued October 17, 1924.
PER CURIAM, October 20, 1924:
The only complaint is that the court below refused a new trial. At the oral argument in this court, counsel for appellant frankly stated that he was unable to show any abuse of discretion, contending, however, that this court should examine the evidence de novo; the rule is otherwise; his concession leaves nothing for our consideration; if the only complaint is that the court refused a new trial, this court will not interfere unless abuse of discretion is shown.
The judgment is affirmed.