Taylor v. Cal. Stage Co.

Citations

• 6 Cal. 228
• 1856 Cal. LEXIS 104

Syllabus

<p>Surprise at the testimony of a witness called by the adverse party, is no ground for a new trial, it not appearing that the party against whom the testimony was given had been misled by previous statements of the witness as to what he would testify.</p> <p>In cases of conflicting testimony, newly discovered evidence, merely cumulative, is no ground for a new trial.</p> <p>The remark of a juror during a recess of the trial, that there was no use in taking up time in trying to humbug the jury, and that the lawyer who made the shortest speech would win the case, was not such misconduct as will vitiate the verdict.</p>