De Felice v. Tabor

This is a paternity action in which the court, after trial without a jury, found that defendant is not the father of the child and rendered judgment in his favor. Plaintiff moved for a new trial and it was granted upon the ground of newly discovered evidence complying with the requirements of Code of Civil Procedure, section 657, subdivision 4. Defendant appeals from that order and plaintiff takes a cross-appeal from the judgment pursuant to rule 3 (a) of the Rules on Appeal.

The motion for new trial was made upon three specified grounds,—insufficiency of the evidence to justify the decision,…