Hobler v. Cole
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Fresno County. The defendant recovered judgment in the Court below; the Court granted a new trial on the application of the plaintiff, and the defendant appealed from the order. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
The appeal is taken by the defendant from an order granting the plaintiff a new trial on the ground of newly discovered evidence.
The motion was supported by the affidavits of Loveall, *251Church, the plaintiff, and Daly, his attorney in the action, and was not opposed by any counter-affidavit.
The appellant claims that the order should be reversed, because it is not shown by the affidavits that the evidence is new, nor material,- nor is it shown that it is not cumulative.
1. That the evidence upon the discovery of which the motion is founded is new, affirmatively…
2Cited by12 opinions
- People v. SuttonCalifornia Supreme Court · 1887
- State v. BrooksMontana Supreme Court · 1899
- Spottiswood v. WeirCalifornia Supreme Court · 1889
- Brannock v. BromleyCalifornia Court of Appeal · 1939
- State v. JonesMontana Supreme Court · 1905
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