Doyle v. Sturla

The conflict in the evidence is so manifest, that we would not be warranted in disturbing the finding, on the ground that it was not justified by the evidence., In Shellhous v. Ball (29 Cal. 608)—in which the principal .issue was, as in. this case, payment—one of the grounds-of the' motion for a new trial was surprise; and, in respect to .that ground, it was said that if the party alleging surprise “can relieve himself from embarrassment in any mode, either by a nonsuit or a continuance, or the introduction of other testimony, or otherwise,- he must not take the chances of a verdict, but must…