Byrne v.Reed

Citations

• 75 Cal. 277
• 17 P. 201
• 1888 Cal. LEXIS 528

Syllabus

<p>J udgment — New Trial—Conflict of Evidence. — Where the evidence ia clearly conflicting, the judgment will not be reversed or a new trial granted on the ground that the findings are not justified by the evidence.</p> <p>Evidence—Striking out Answer — Hearsay.—A party calling a witness is not entitled to have an answer to a question asked on the direct examination stricken out, on the ground that it is hearsay, if the answer is responsive to the question.</p> <p>Id. — Declarations against Interest—Fraudulent Conveyance — Consideration. —In an action by an executor to set aside a deed on the ground that it was executed without consideration, and consequently was in fraud of the rights of his testator as a creditor of the grantor, in which the defense is that the consideration for the deed was a pre-existing indebtedness due from the grantor to the grantee, evidence of declarations of the testator, showing that he knew and spoke of the indebtedness, is admissible as being declarations against his interest.</p> <p>Id.—Evidence of Purpose.—In such an action, the grantee may testify as to what her purpose was in taking the deed, and that it was not taken to prevent any one else from getting the property.</p> <p>New Trial—Newly Discovered Evidence__A motion for a new trial on the ground of newly discovered evidence is properly denied, when the evidence claimed to be newly discovered is not such as to render a different result probable on a retrial.</p>