Arnold v. Skaggs

Citations

• 35 Cal. 684
• 1868 Cal. LEXIS 143

Syllabus

<p>Evidence.—Where I., who was conducting a stable business, gave to the Assessor for the purposes of assessment for taxes, a list of the personal property used in said business, which was conducted in a building owned by S., as the property of the latter, and thereafter S. appeared before the Board of Equalization to procure a reduction of said assessment: Held, in an action against S. for goods delivered and used in said stable business, and in which action the main issue was whether said goods had been sold to I. or S., that said assessment was competent evidence as tending to prove that said goods were sold to 8.</p> <p>New Trial on ground of Newly Discovered Evidence.—Motions for new trial on the ground of newly discovered evidence must be regarded with suspicion and disfavor. In such cases the motion must be supported by the affidavit of the moving party that he did not know of the newly discovered evidence, and usually by the affidavits of the newly discovered witnesses stating what they know and will testify. The affidavit of the party cannot be received in lieu of the affidavits of such witnesses, unless for good cause shown it appears that the affidavits of the latter cannot be obtained in time, or in such further time as may have been granted for that purpose.</p> <p>Idem.—A party who relies on such ground must make a strong case by the best evidence obtainable, both in respect to diligence on his part in preparing for the trial, and as to the truth and materiality of the newly discovered evidence.</p> <p>Idem.—In such a case the moving party must show by his own affidavit that the new evidence was not known to him at the time of the trial. Upon that question, the affidavits of other persons are not sufficient.</p>