Moran v. Abbey
California Supreme Court
Appeal from an order of Superior Court of the county of Butte granting a new trial. The action was brought on a promissory note given by the defendants, Abbey and Heffner, to one Hancock. The controversy at the trial was between the plaintiff and Heffner, Abbey having been discharged in bankruptcy. The additional facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
This case has been before the court on a former appeal. (58 Cal. 165.) Upon the going down of the remittitur from the decision then rendered, a re-trial was had in the lower court which resulted in a verdict for the defendant, Heffner; but upon a motion for a new trial made by the plaintiff, upon a statement of the case and two affidavits of newly discovered evidence, the court set aside the verdict. Whether that was done upon the grounds of newly discovered evidence, or of any of the specifications of error contained in the statement does not appear by the record.
But the newly discovered…
2Cases cited4 opinions
- McIntire v. YoungIndiana Supreme Court · 1843
- Administrator of Hopkinson v. SteelSupreme Court of Vermont · 1840
- Moran v. AbbeyCalifornia Supreme Court · 1881
- Jackson v. JonesSupreme Judicial Court of Maine · 1854
3Cited by31 opinions
- Parker v. WomackCalifornia Supreme Court · 1951
- Hefferlin v. KarlmanMontana Supreme Court · 1903
- Harriss v. HowardSupreme Court of Georgia · 1906
- Binford v. AdamsIndiana Supreme Court · 1885
- Bobier v. HornSupreme Court of Oklahoma · 1923
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