Jones v. Jones

Citations

• 38 Cal. 584

Syllabus

<p>Pleading—Counter Claim—Cross-Complaint.—An answer which asserts a set-off, or counter claim, is not a cross-complaint within the meaning of tlio Practice Act, and no denial thereof, by the plaintiff, is required.</p> <p>Kirw Trial Claimed on the Ground of Newly Discovered Evidence.—Newly discovered evidence, which is only cumulative, furnishes no ground for a new trial.</p> <p>Promissory Note—Revenue Stamp.—The admission in writing of a balance duo upon an accounting, not signed by the defendant, is not a promissory note, and needs no stamp under the provisions of the revenue laws.</p> <p>Admissibility of Secondary Evidence.—Secondary evidence of the contents of a written instrument may be given, when the party offering it is not entitled to the custody of tho original, and the opposite party, to whoso custody it rightfully belongs, upon being notified to produce it, disclaims all knowledge of it.</p>