Live Yankee Co. v. Oregon Co.

Citations

• 7 Cal. 40

Syllabus

<p>A new trial will not be granted on the ground of newly-discovered evidence which is merely cumulative, and going to contradict the witnesses of the other party.</p> <p>Mere surprise at the evidence given by the witnesses of the defendant, is not sufficient ground for granting the plaintiff a new trial. He should submit to a nonsuit, and not take his chances for a verdict.</p> <p>In the absence of mining regulations, the fact that a party has located a claim bounded by another, raises no implication that the last located claim corresponds in size, or in the direction of its lines, with the former.</p> <p>A witness, in an action for a disputed mining claim, who was in the employ of the party in possession at fixed wages, tobe paid, however, from the proceeds of the claim, is not incompetent, when his wages are not dependent upon the sufficiency of such proceeds.</p>