Blewett v. Miller

SMITH, C.

The appeal is from a judgment in favor of the plaintiff and from an order denying the defendants’ motion for a new trial; but the only point made by the appellants’ counsel, and the only point that need be considered, is that a new trial should have been granted on the ground of newly discovered evidence.

The defendant Warfield is sheriff of Merced county, and, it is found, seized under attachment certain property of the plaintiff’s intestate that was exempt from execution—namely, a harvester and five gang-plows. The other defendants are the sureties on his official bond. The suit was…