Kenezleber v. Wahl
California Supreme Court
Appeal from an order of the Superior Court of Contra Costa County granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Fitzgerald, C.
This is an appeal by the defendant from an order granting plaintiff’s motion for a new trial on the grounds of newly discovered evidence, and of surprise at the trial.
The action was brought by plaintiff on a promissory note executed to him by the defendant for $1,080. The answer contains a general denial of the allegations of the *206complaint, and sets up, by way of counterclaim, plaintiff’s indebtedness to defendant in the sum of $1,557.88, “ for goods, wares, and merchandise sold and delivered to the plaintiff, and for cash loaned, paid out, and advanced to plaintiff, between the…
2Cases cited1 opinion
- Stoakes v. MonroeCalifornia Supreme Court · 1868
3Cited by13 opinions
- Heintz v. CooperCalifornia Supreme Court · 1894
- Waer v. WaerCalifornia Supreme Court · 1922
- Brannock v. BromleyCalifornia Court of Appeal · 1939
- People v. HewittCalifornia Court of Appeal · 1926
- MacKenzie v. AngleCalifornia Court of Appeal · 1947
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