Kern Valley Bank v. Chester

Citations

• 55 Cal. 49

Syllabus

<p>Continuance.—The affidavit, upon a motion for a continuance on tlio ground of the absence of a witness, must show the materiality of the evidence, and that duo diligence has been used to obtain it.</p> <p>Attorney’s Fee—Pleading—Exhibit.—In' an action for the foreclosure of a mortgage, the complaint contained no allegation as to attorney’s fee, further than the allegation of the execution of the mortgage; but a copy of the mortgage, which contained a stipulation for an attorney’s fee, was attached to the complaint. Held, there was no error in allowing an attorney’s fee.</p> <p>Id.—New Trial—Newly-discoveked Evidence.—The facts stated in an affidavit of newly-discovered evidence, on motion for a new trial, held not to disclose sufficient grounds for granting the motion.</p> <p>Appeal — Judgment on Appeal —Modification of Judgment. —Cause remanded, with directions to modify the judgment by deducting an amount improperly found by the Court to be due to the plaintiff for taxes, and included in the judgment.</p>