Hutchason v. Marks

BISHOP, J. pro tem.

In Slemons v. Paterson, (1939) 14 Cal.2d 612 [96 P.2d 125], the Supreme Court reversed an order granting a new trial on the ground of newly discovered evidence (which was, that the Patersons had been absent from the state), and in doing so made these observations which are particularly pertinent to this case (pp. 615, 616) : “The only reason stated in plaintiffs’ affidavit for failing to discover and produce this evidence upon the trial, is that they did not know that the Patersons had been absent from the state during said period, and that prior to the time that they…