Hobler v. Cole

Citations

• 49 Cal. 250

Syllabus

<p>New Trial on Newly Discovered Evidence.—The-general rule is that a new trial will not be granted on the ground of newly discovered evidence which is cumulative.</p> <p>Idem.—That the newly discovered evidence is cumulative Is however an affirmative proposition, and if it does not appear in the morning papers, the fact must be shown by the party opposing the motion.</p> <p>Idem.—There is no presumption that newly dicovered evidence is cumulative.</p> <p>Idem.—A large discretion is accorded to Courts in the disposition of motions for a new trial, made on the ground of newly discovered evidence, and it devolves on the appellant to show that this discretion was not properly exercised.</p>