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Lawson v. McGee

1 Cal. Unrep. 19 Court Cal. Decision date 1856-02-18 Docket No. 1005 English

Judges I concur: Murray, C. J.

Delivered by ITEYDENFELDT, J.

Contents

Majority

p. 19
ANDREW LAWSON, Respondent, v. JAMES McGEE, Appellant.
No. 1005;
February 18, 1856.

Headnote

Appeal. — A Verdict Made upon Conflicting Testimony is not to be disturbed.
New Trial — Newly Discovered Evidence — Hearsay.—A new trial should not be awarded on the ground of newly discovered evidence which is only hearsay.
APPEAL from Superior Court, San Francisco County.
Baldwin & Bowman for respondent; H. B. Jones for appellant.

— Where the evidence is conflicting or susceptible of two constructions, we have always refused to disturb the verdict or finding. The newly discovered evidence relied on for a new trial was only hearsay, and therefore properly disregarded.

Judgment affirmed.

I concur: Murray, C. J.