Spottiswood v. Weir

Citations

• 80 Cal. 448
• 22 P. 289
• 1889 Cal. LEXIS 937

Syllabus

<p>Evidenoe—Genuineness of Lost Deed—Comparison of Handwriting — Opinion Evidence__A witness cannot testify that the signature to a lost deed was the same as one signed to a purported deed of the alleged grantor, without preliminary proof of the genuineness of the signature to the deed used by way of comparison, and also that the witness is qualified as an expert to give an opinion upon the matter.</p> <p>Id, —Description of Signature of Lost Deed.'—It is harmless to exclude testimony as to the description and form of the letters of the signature to a lost deed, the genuineness of which is disputed, in the absence of any evidence tending to show the forms of the letters in any signature of the grantor which is admitted or proved to he genuine.</p> <p>Id.—Insufficient Foundation for Opinion Evidence.—It is not error to exclude opinion evidence upon the genuineness of the signature to a lost deed when no sufficient foundation is laid therefor, and the witness does not testify that he knew the signature, or that he had ever seen the grantor write, or had ever seen any writing that he knew to have been his.</p> <p>Id.—Exclusion of Evidenoe — Review on Appeal.—If the exclusion of evidence is proper on any ground, the judgment will not be reversed, no matter what was the actual objection made, unless the objection not urged might have been obviated.</p> <p>Hew Trial—Newly Discovered Evidence—Discretion.—A new trial may be properly refused upon the ground of newly discovered evidenoe, if it would not change the result. The refusal to grant a new trial upon, that ground will only he reviewed when there is-an abuse of discretion; and newly discovered evidence as a ground of new trial is not regarded with favor.</p> <p>In. — Counter-affidavits — Piling after Time Limited by Code — Mistake.—The court may allow counter-affidavits to be filed on a motion for new trial after the time limited by the code, under a showing that they had been prepared and served, and that the filing