Mouie v. Burns (1872) · DecisionDepot

Mouie v. Burns

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Nov 15, 1872 No. No. 3458Published

AI Brief

AI-generated · verify before citing

Holding. The court held that the trial court properly denied a motion for a new trial because the newly discovered evidence presented in the affidavit was merely cumulative.

Issues

Whether the trial court erred in denying a motion for a new trial based on newly discovered evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Upon looking into that affidavit, we think that it is merely cumulative in its character, and that the motion for a new trial was properly denied.”

Synopsis

APPEAL from Seventeenth Judicial District, Los Angeles County.

PER CURIAM. — One of the principal questions at the trial — if not the only question — was as to the ownership of the money and watch taken from the person of the plaintiff at the jail. The finding of the court was in favor of the plaintiff, and the motion for a new trial was based wholly upon alleged newly discovered evidence — that set forth in the affidavit of Dye. Upon looking into that affidavit, we think that it is merely cumulative in its character, and that the motion for a new trial was properly denied.

Judgment and order denying new trial affirmed.

Mouie v. Burns

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief