 Although this evidence is somewhat vague, the qualification of an expert witness is a question for the sound discretion of the trial court and its ruling will not be disturbed upon appeal unless a clear abuse of it is shown.  Reports of Cases in the Supreme Court of Nebraska - Page 342by Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Henry Paxon Stoddart, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay - 1922Full view - About this book
 | California - Criminal law - 1881 - 820 pages
...purpose of demurring to the indictment, or of moving to aet it aside, is a matter vested largely in the discretion of the trial court, and its ruling will not be disturbed unless there has been a manifest abuse of such discretion. People v. Lee, 17 Cal. 76. When it appears that a plea of guilty... | |
 | James Henry Deering - Law reports, digests, etc - 1895 - 1114 pages
...and to introduce a deed in evidence which had been inadvertently omitted, is a matter resting n the discretion of the trial court, and its ruling will not be disturbed on appeal, unless there is a clear abuse of discretion. (Mcürath v. Wallace, 85 Cal. 622.) 552. The... | |
 | Law reports, digests, etc - 1906 - 1266 pages
...JUDICIAL DISCRETION. The admission or rejection of evidence as part of the res gesta; lies largely in the discretion of the trial court, and its ruling will not be disturbed, where it exercises that discretion, and the appellate court cannot clearly see that it has acted erroneously... | |
 | Law reports, digests, etc - 1907 - 1164 pages
...merits, and Is reviewable on this appeal; but an application for that purpose is addressed to the sound discretion of the trial court, and Its ruling will not be disturbed by an appellate tribunal, when there appears to have been a substantial conflict in the testimony upon... | |
 | Law reports, digests, etc - 1907 - 1286 pages
...TRIAL. The granting of a motion for a new trial on the ground of newly discovered evidence rests In the discretion of the trial court, and Its ruling will not be disturbed, in the absence of an abuse thereof. [Ed. Note. — For cases In point, see Cent. Dig. vol. 3, Appeal... | |
 | Law reports, digests, etc - 1910 - 1466 pages
...refresh his memory from memoranda made some time after the happening of the events in issue is within the discretion of the trial court, and its ruling will not be disturbed unless the discretion has been abused. [Ed. Note. — For other cases, see Appeal and Error, Dec. Dig. §... | |
 | Law reports, digests, etc - 1911 - 1296 pages
...DISCRETION OF COURT— REVIEW. The question of the competency of a witness to testify rests largely in the discretion of the trial court, and its ruling will not be disturbed unless abused. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3852; Dec. Dig. § 971.*]... | |
 | Law reports, digests, etc - 1912 - 1234 pages
...discretion; Rochford v. Albaugh, 16 SD 628, 94 NW 701, holding that the granting of a new trial rests in the discretion of the trial court and its ruling will not be disturbed except for an abuse of discretion, and a stronger case is required to reverse an order granting a new... | |
 | Law reports, digests, etc - 1915 - 1228 pages
...also ruled that the allowance or disallowance of an amendment in the midst of a trial Is within the discretion of the trial court, and its ruling will not be disturbed, unless such discretion has been abused. Manha v. Union Fertilizer Co., 151 Cal. 581, 582, 91 Рае. 393 :... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1915 - 984 pages
...ON APPEAL. — The allowance or disallowance of an amendment in the midst of a trial is within the discretion of the trial court, and its ruling will not be disturbed on appeal unless such discretion has been abused. ID. — AMENDMENT OF ANSWER so AS TO SHOW ABILITY... | |
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