Bagnall v. Roach

Citations

• 76 Cal. 106
• 18 P. 137
• 1888 Cal. LEXIS 831

Syllabus

<p>New Trial—Newly Discovered Evidence — Action against Estate.— The plaintiff in an action against the administrator of the estate of a decedent, on a claim against the estate, is not entitled to a new trial on the ground of newly discovered evidence, when the only reason assigned for not producing the evidence on the trial is, that he supposed he had a right to testify personally on the trial, and for that reason made no effort to produce other evidence in support of his claim.</p> <p>Id.—Affidavits must be Identified—Appeal.—Affidavits purporting to be in support of a motion for new trial will not be considered on appeal unless identified as having been used on the motion.</p> <p>Id. —Rejection of Evidence—Specification of Error—Statement.— Where the statement on motion for a new trial fails to specify as error a ruling of the trial court rejecting certain offered evidence, the ruling will not be reviewed on appeal.</p> <p>Id. — Commingling of Funds—Deposit in Bank—Presumption of Ownership. — The fact that a decedent, at a considerable time before her death, mingled the money of the plaintiff with her own, and deposited the same in a bank in her own name, raises no presumption that the money on deposit in her name, or any part of it, at the time of her death, is the money of the plaintiff.</p>