Delmas v. Martin

Citations

• 39 Cal. 555
• 1870 Cal. LEXIS 99

Syllabus

<p>Pbaotice. — SuitPEisE.—New Tbial. — The introduction in evidence of an unrecorded deed, of which the opposite party had no knowledge or notice, at the close of the evidence on the trial, is a sufficient surprise to authorize the granting of a new trial.</p> <p>Idem. —The general rule is, that a party surprised on the trial must apply for relief at the earliest practicable moment and in such method as will produce the least vexation, expense and delay.</p> <p>Idem. .— In cases where the surprise is clearly established and the consequences can bo avoided on another trial, and where it appears that the party was guilty of no laches, and acted in good faith in failing to apply for relief at an earlier stage of the proceedings, the rule may properly be relaxed so as to enable the party to avail himself of the surprise as a ground for a new trial.</p>