Matthews & Son v. Richards ( 1915 )

Russell, C. J.

The trial judge having expressed an opinion not only as to what was testified by one of the witnesses, but also as to its meaning and effect, the grant of a new trial was demanded, under the provisions of section 4863 of the Civil Code. Other irregularities in the trial (some of which might have been avoided or cured by timely invoking from the court appropriate redress) are not likely to recur- upon another investigation, and therefore will not be discussed.

Judgment reversed.