Brooks v. Lyon

Citations

• 3 Cal. 113

Syllabus

<p>Where a slight degree of prudence would guard against surprise, it is not a sufficient ground to allege for a new trial.</p> <p>The affidavit did not state, that the newly discovered evidence was discovered since the trial, nor in what particular it would be material, nor what important fact it would tend to establish, nor that due diligence was used, nor why it could not with reasonable diligence have been discovered and produced at the trial of the cause. Held, that a new trial was properly refused.</p>