Guy v. Hanly

Citations

• 21 Cal. 397

Syllabus

<p>A new trial will not be granted on the ground of surprise at the introduction of false evidence when the evidence related solely to a point not necessarily involved in the decision of the action and which in fact had no influence upon the judgment.</p> <p>False testimony given by mistake or otherwise is sufficient to avoid a verdict or decision based upon it, if ordinary prudence has been observed by the losing party.</p> <p>If the defendant in ejectment desires to defend for only a portion of the premises, and to limit his liability for mesne profits in a corresponding proportion, he must frame his answer accordingly and specify the portion of the premises for which it is intended to defend and disclaim as to the balance.</p> <p>To a complaint in ejectment for a fifty vara lot, the answer admitted the possession of defendants to the extent of one-third, “ more or less,” and the witnesses who testified upon the subject stated that they (defendants) were “ on the lot— a part of it,” without showing of what particular part they were in possession. The judgment was for the recovery of the whole lot, with damages for its detention, and on appeal it was assigned as error that the evidence warranted a recovery of only a portion of the lot with proportional damages: Held, that under the pleadings and proofs the judgment was proper.</p>