Dewey v. Frank Bros. & Co.
California Supreme Court
Appeal by plaintiff from an order of the Superior Court of the County of Los Angeles granting a new trial. Howard, J. Action on account stated.
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Appeal by plaintiff from an order of the Superior Court of the County of Los Angeles granting a new trial. Howard, J. Action on account stated. On the trial the plaintiff testified that before the commencement of the action, one A. S. Frank, an agent of the defendants, presented to him at Los Angeles an account stated between the defendants and the plaintiff showing an indebtedness from defendants to him, the plaintiff, and then and there promised that the defendants would pay it. A. S. Frank at the time of the trial was absent from the State. Judgment was given in favor of the plaintiff.…
1Opinion of the Court
The Court :
This case was heard in Department Two of this Court, and a decision was rendered July 28, 1882. (9 Pac. C. L. J. 813.) Subsequently a hearing by the Court ha bank was granted, which hearing has been had. We have examined the transcript and the points made, and are satisfied with the decision of the Department. As the new trial was granted on the ground of surprise, we must take the findings, so far as there is evidence to support them, as true on all questions of fact found thereby. Where a new trial is granted upon a stated ground, we can not, in searching for other grounds for…
2Cited by13 opinions
- Kauffman v. De MutiisCalifornia Supreme Court · 1948
- Hoskins v. HightSupreme Court of Alabama · 1891
- State v. GardnerOregon Supreme Court · 1898
- Porter v. AndersonCalifornia Court of Appeal · 1910
- People Ex Rel. Department of Public Works v. HuntCalifornia Court of Appeal · 1969
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