Evidence · MBE-tested
ANDREW LAWSON, Respondent, v. JAMES McGEE, Appellant
1 Cal. Unrep. 19·Supreme Court of California·1856·CA
I concur: Murray, C. J.
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Opinion
ANDREW LAWSON, Respondent, v. JAMES McGEE, Appellant.
No. 1005;
February 18, 1856.
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.
[MAJORITY — ITEYDENFELDT, J.]
ITEYDENFELDT, J.
— 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.