APPEAL AND ERROR - REVIEWABILITY OF AN ORDER GRANTING A NEW TRIAL

When a trial court sets aside a verdict and grants a new trial, the order may or may not be reviewable depending on the jurisdiction. In some jurisdictions which permit a review, the aggrieved party must save an exception to the order and assign this ruling as error when an appeal is ultimately taken from a subsequent appealable decision. In other jurisdictions, he may take an appeal directly from the order. This comment will discuss (1) the common-law practice which permitted no review of an order granting a new trial; (2) the practice allowing the aggrieved party to save an exception to the order and assign it as error on a subsequent appeal; (3) the procedure of direct appeal; and (4) the desirability of allowing a direct appeal.