Jones v. Singleton

Citations

• 45 Cal. 92

Syllabus

<p>New Trial—Newly Discovered Evidence.—When, in ejectment, the parties claim title derived from a common source, and the defendant, to show his title the oldest, relies on a purchase made, and a note given for part of the purchase money, and a hond for a conveyance, executed to him by the common grantor, which bond is claimed to be lost, and proves that it was the grantor’s custom to give a bond when credit was given, and the plaintiff recovers judgment, a subsequent discovery of the note is sufficient ground on which to grant a new trial.</p> <p>Diligence.—Diligence, or the want of it, in discovering testimony in a particular case, depends in so great a degree upon the various circumstances surrounding the parties, and the conduct of the cause, which are peculiarly within.the knowledge of the trial Court, that its determination on the matter of granting a new trial made in view of them will rarely be disturbed.</p>