1 Cal. Unrep. 19
Decided February 18, 1856
California Supreme Court · decided 1856-02-18
<p>Appeal. — A Verdict Made upon Conflicting Testimony is not to be disturbed.</p> <p>New Trial — Newly Discovered Evidence — Hearsay.—A new trial should not be awarded on the ground of newly discovered evidence which is only hearsay.</p>
Decided 1856-02-18
¶1— 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.
¶2Judgment affirmed.