Merk v. Gelzhaeuser

Citations

• 50 Cal. 631

Syllabus

<p>New Teial.—A new trial will not be granted on the ground of newly discovered evidence, if the affidavit on which it is claimed is shown, by counter-affidavits, to be exposed to the suspicion of bad faith, nor if the newly discovered evidence fails to raise a reasonable presumption that, if produced, it would change the result.</p> <p>Plea of Justification in Slandeb.—If the defendant, in an action for slanderous words in which a crime is imputed to the plaintiff, justifies on the ground that they were true, he must prove the plaintiff guilty of the crime imputed to him, by testimony sufficient to convict him of the crime on a criminal trial.</p>