"A motion for a new trial may be denned to be an application by a party interested in the action for an order of court granting a re-trial or re-examination in the same court of an issue of fact, or some part or portion thereof, after verdict by a jury, report of referee, or a decision by the court.1 It is an application for a re-trial of the facts of a case,2 or an application for a re-examination of an issue of fact before a court, or jury, which has been tried at least once before the same court,3 or an application for a 'rehearing of the legal rights of the parties upon disputed facts,' 4 or an application for a 're-examination of the issues in the same court,' or, in a criminal case, it is an application for a 're-examination of the issues in the same court5 before another jury after a verdict has been given.'6 A motion 'to set aside and vacate the verdict of the jury,' upon the ground that the verdict is not sustained by sufficient evidence, and is contrary to law, and also for alleged errors of law occurring at the trial, which does not in terms purport to be a motion for a new trial, but which is so treated by the parties and the trial court, will be regarded.

1 Gen. Stat. Nev. (1885), Sec. 3216; Prac. Act, Sec. 194.

2 Z'aleski vs. Clark, 45 Conn., 401. The general nature and history of these motions in Connecticut is fully explained in this case in a note, page 405.

3Hilliard on New Trials, Sec. 1. 4 2 Bouvier's Law Dict., tit. New Trials. 5 Rev. Stat. Mont. (1888), page as a motion for a new trial by the appellate court."7 8

135, Sec. 295. 6 Miller's Annot. Cases, Iowa, 1886, Sec. 4487.

The granting of a new trial rests largely in the discretion of the trial judge, and his decision on the matter would not be disturbed by the appellate court except in clear cases.

The right to move for a new trial is a comparatively recent addition to the system of common law pleading.