Rogers v. Huie
California Supreme Court
Action of trover. The plaintiff alleges in his complaint that, on the 12th day of December, A. D. 1850, he was the owner of twenty-nine kegs of butter, of the average weight of twenty-five pounds each, and of the value of thirty cents per pound; and also of one hundred cheeses, weighing fifteen hundred, pounds, and worth twenty cents per pound ; and that the value of the butter and cheese together was five hundred and seventeen dollars.
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Action of trover. The plaintiff alleges in his complaint that, on the 12th day of December, A. D. 1850, he was the owner of twenty-nine kegs of butter, of the average weight of twenty-five pounds each, and of the value of thirty cents per pound; and also of one hundred cheeses, weighing fifteen hundred, pounds, and worth twenty cents per pound ; and that the value of the butter and cheese together was five hundred and seventeen dollars. The complaint further alleged that the butter and cheese were taken away from, the plaintiff without his knowledge and consent by some person or persons to…
1Opinion of the Court
By the Court,
Bennett, J.
The first point which I shall consider is, whether a new trial should have been granted; and this depends upon the question whether the affidavits on the part of the defendant, presented to the consideration of the district judge sufficient facts to require him to grant a new trial. The application ought not to have been granted, unless the defendant had used due diligence in endeavoring to procure the attendance of his witnesses. Did he use such diligence'? I think not. His witnesses had not been snbpcenaed, as appears from his own affidavit. Did he make reasonable…
2Cases cited5 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Manufacturers' & Mechanics' Bank v. GoreMassachusetts Supreme Judicial Court · 1818
- Hoffman v. CarowNew York Supreme Court · 1838
- Denn ex dem. Hughs v. MorrellThe Superior Court of New York City · 1828
- Piscataqua Bank v. Turnley, Pennsylvania Court of Common Pleas, Philadelphia County1836
3Cited by12 opinions
- Swim v. WilsonCalifornia Supreme Court · 1891
- Hoskins v. HightSupreme Court of Alabama · 1891
- State v. GardnerOregon Supreme Court · 1898
- Case v. CoddingCalifornia Supreme Court · 1869
- Sedgwick v. DawkinsSupreme Court of Florida · 1877
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