Boston v. Haynes

Citations

• 33 Cal. 31

Syllabus

<p>New Trial.—A Court of equity will not grant a new trial in an action at law because the party asking it was absent at the trial, where no circumstances of fraud are alleged.</p> <p>Idem.—If the party moving for a new trial in an action at law, loses the same through his own blunders and laches, without any fraud, mistake, surprise, or excusable neglect existing, equity will not relieve him.</p> <p>Judgment as a Bar.—A judgment is conclusive upon all the issues raised in the pleadings, and the parties are precluded from litigating the same matter in a new action.</p>