Heintz v. Cooper
California Supreme Court
Appeal from an order of the Superior Court of Mon-terey County granting a new trial. The facts are stated in the opinion of the court. The order granting a new trial was erroneous, as the affidavit as to newly discovered evidence did not even attempt to show diligence or contain any allegation of it.
Read the full summary
Appeal from an order of the Superior Court of Mon-terey County granting a new trial. The facts are stated in the opinion of the court. The order granting a new trial was erroneous, as the affidavit as to newly discovered evidence did not even attempt to show diligence or contain any allegation of it. (Jacks v. Cooke, 6 Cal. 164; Weimer v. Lowery, 11 Cal. 113; Baker v. Joseph, 16 Cal. 173; Klockenbaum v. Pierson, 22 Cal. 160; People v. Miller, 33 Cal. 99; Btoakes v. Monroe, 36 Cal. 383; Jones v. Jones, 38 Cal. 585; Butler v. Vassault, 40 Cal. 74; Jones v. Singleton, 45 Cal. 92; People v.…
1Opinion of the CourtVan Fleet, J.
This is an appeal by plaintiff from an order granting the defendant’s motion for a new trial. The motion was made upon several grounds, among which was that of newly discovered evidence, and the order granting the motion specifies the latter as the ground upon which the new trial is granted.. The appellant does not deny that the showing was sufficient to warrant the court in holding the evidence newly discovered, and that it was material, but the sole ground upon which he urges a reversal of the order is that there was no sufficient showing of diligence. We have carefully examined the record…
2Cases cited3 opinions
- Baker v. JosephCalifornia Supreme Court · 1860
- Kenezleber v. WahlCalifornia Supreme Court · 1891
- Jones v. SingletonCalifornia Supreme Court · 1872
3Cited by50 opinions
- Blodgett v. Superior CourtCalifornia Supreme Court · 1930
- Oberlander v. Fixen & Co.California Supreme Court · 1900
- Lamberson v. Superior Court of Tulare Cty.California Supreme Court · 1907
- Ramirez v. State BarCalifornia Supreme Court · 1980
- Parker v. Southern Pacific Co.California Supreme Court · 1928
45 more not listed; retrieve them via the Exa API.