Berry v. Metzler

Citations

• 7 Cal. 418

Syllabus

<p>It is not good ground for a new trial, that the defendant discovered material testimony at too late a period to produce the same at the trial. It would, however, be good ground on which to base a motion for continuance.</p> <p>A party is bound to know the materiality of testimony, except in the case of surprise at trial.</p>