Howe v. Briggs

Citations

• 17 Cal. 385

Syllabus

<p>A new trial will not be granted on affidavit by a witness of mistake in his testimony on the trial, unless there be ■ a clear showing of mistake; and further, that it was injurious to the party, and that he had no means or had used due diligence to counteract the mistake or to correct it.</p> <p>On motion for new trial the Court below should not, unless good reason be shown, receive an affidavit made after the time for filing affidavits or statements on the motion has elapsed.</p>