Merk v. Gelzhaeuser
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Sutter. The defendant charged the plaintiff with stealing his turkeys. The plaintiff sued for damages. The plaintiff had the verdict, of a jury and judgment. The defendant moved for a new trial. One ground of the motion was newly discovered evidence.
Read the full summary
Appeal from the District Court, Tenth Judicial District, County of Sutter. The defendant charged the plaintiff with stealing his turkeys. The plaintiff sued for damages. The plaintiff had the verdict, of a jury and judgment. The defendant moved for a new trial. One ground of the motion was newly discovered evidence. In support of this, an affidavit of one Johnson was read, in which Johnson stated that on the night the turkeys were claimed to have been stolen, about 2 o’clock, he was passing the defendant’s house, and saw a light near his garden fence, and saw the plaintiff with turkeys in his…
1Opinion of the Court
By the Court :
1. The defendant failed to show that he was entitled to a new trial on the ground of newly discovered evidence. The affidavit of Johnson, if otherwise sufficient, was produced *633under circumstances, as shown by counter-affidavits, which exposed it to the suspicion of bad faith. It was not sufficient to raise a reasonable presumption that the testimony of Johnson, if produced, would change the result.
2. The defendant justified the speaking of the words alleged to be slanderous, on the ground that they were true.
The court instructed the jury that, “in order to make good his defense,…
2Cited by9 opinions
- People v. Sing YowCalifornia Supreme Court · 1904
- Hearne v. De YoungCalifornia Supreme Court · 1898
- Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
- Cooper v. Spring Valley Water Co.California Court of Appeal · 1911
- People v. AlboriCalifornia Court of Appeal · 1929
4 more not listed; retrieve them via the Exa API.