Doyle v. Sturla

Citations

• 38 Cal. 456

Syllabus

<p>New Teial—Conflicting Evidence.—When the evidence is conflicting, the appellate Court will not disturb the finding on the ground that it was not justified by the evidence.</p> <p>Idem—Stjekrise.—If, at the trial, the defendant be surprised by unexpected testimony, it is his duty to move for a continuance, or he will not be permitted to avail himself of that point on a motion for a new trial.</p> <p>•Idem—Newly-Discoveked Evidence.—When the alleged newly-discovered evidence is merely cumulative, and every material fact disclosed by the affidavits is fcontradicted by counter-affidavits, and the appellate Court cannot clearly say that the Court below erred in refusing it, a new trial will not be ordered.</p>