Levitsky v. Johnson
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. This was an action by plaintiffs, as assignees, to recover the penalty of a bond executed by defendants to plaintiffs’ grantor for the faithful performance of certain covenants.
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Appeal from the District Court, Third Judicial District, Alameda County. This was an action by plaintiffs, as assignees, to recover the penalty of a bond executed by defendants to plaintiffs’ grantor for the faithful performance of certain covenants. On the trial D. C. Owen, who was a member of the firm of Owen & Whipple, being examined as a witness for the defendants, testified that defendant Johnson then was not and had not been at any time interested in the business of Owen & Whipple, nor had he been at any time in the employ of that firm; also, that all the capital of the firm had been…
1Opinion of the Court
By the Court, Sprague, J.:
This is an appeal from an order denying a new trial, and from the judgment; also, from an order discharging plaintiffs’ attachment.
The grounds upon which the motion for a new trial was based are:
1st—Hewly discovered evidence, etc.
2d—Insufficiency of the evidence to justify the judgment, and that it is against law.
3d—Errors of law occurring at the trial, and excepted to by plaintiffs’ counsel.
Upon the first ground, the newly discovered evidence, as contained in the affidavit of Selia Feliz Higuera, is only cumulative upon the main issue, to which the principal part of…
2Cited by12 opinions
- Oberlander v. Fixen & Co.California Supreme Court · 1900
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Delannoy v. BlondetSupreme Court of Puerto Rico · 1915
- Schreckengast v. EalyNebraska Supreme Court · 1884
- Burford v. BentonSupreme Court of Oklahoma · 1914
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