Mazor v. Springer

Citations

• 7 Cal. Unrep. 194
• 78 P. 474
• 1904 Cal. LEXIS 1091

Syllabus

<p>New Trial—Newly Discovered Evidence—Time of Discovery.— In an action against two defendants for work and labor, one defendant admitted that the work was performed at Ms request, and plaintiff and another witness testified that the other defendant also requested the performance of the work. On motion for a new trial on the ground of newly discovered evidence it was claimed that the defendant last mentioned was not at the place where this request was claimed to have been made on the date at which it was claimed to have been made; but no witnesses other than those present at the trial were mentioned as able to testify to this effect. No excuse for not calling these witnesses was produced, except the statement in the affidavit of the defendant who requested the services that the fact of the other defendant’s absence at the time of the alleged interview had not occurred to defendants until after the trial. Held, that as the new evidence would not affect the liability of affiant, and as he was not qualified to speak for the other defendant, a new trial was properly refused.</p>