gno.law

Union Lumber Co. v. Webster

California Court of Appeal · Civ. No. 897. · 1911-01-03 · Published · 113 P. 891 · 15 Cal. App. 165 · 1911 Cal. App. LEXIS 231

UNION LUMBER COMPANY, a Corporation, Respondent, v. MARY E. WEBSTER, A. E. MORGAN Et Al., Appellants

Proceeding
appeal from a judgment
Trial court
Superior Court of Kern County
Trial judge
J. W. Mahon
Outcome
other — The facts are stated in the opinion of the court. [Civ. No.
Area
civil
Panel
Allen (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Allen

*166 ALLEN, P. J.

This is an appeal from a judgment and an order denying a new trial. Findings of fact were waived, . and no evidence is presented by bill .of exceptions, or otherwise. The only question argued by counsel for appellant relates to the action of the trial court in refusing to modify its judgment, and in denying the motion for a new trial, which motion was based upon affidavits of newly discovered evidence. This action of the court in passing upon such motion involved discretion and will not be disturbed, except in cases where the court’s abuse of such discretion is made to appear. For aught in the record, the evidence claimed to have been newly discovered may have been merely cumulative, or of such character that, if taken in connection with the other evidence, it would not have affected the judgment, and, therefore, would not have afforded a reasonable ground for the granting of such motion. If upon any hypothesis the action of the trial court, in disposing of a motion of this kind, can be sustained, it should not be disturbed upon appeal.

Judgment and order affirmed.

Shaw, J., and James, J., concurred.

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