Bate v. Miller

Decided March 7, 1883

California Supreme Court · decided 1883-03-07

Motion nob New Tbial—Statement—Findings.—Where amotion is made for a new trial on the ground that the findings are not sustained by the evidence, the statement must specify the particulars in which the evidence is insufficient. Subpbise and Newly Discovebed Evidence.—A motion for a new trial on the ground of surprise or newly discovered evidence must he supported by affidavit. Findings—Motion to Amend and Make Additional.—It is not error to refuse to amend the findings or to make additional findings after a judgment has been entered and a motion for a new trial denied.

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Decided 1883-03-07

How this case has been cited

Cited by 3 later decisions — most recently February 1961

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The judgment and orders must be affirmed. The findings are sufficient to sustain the judgment and the statement on motion for new trial contains no sufficient specification of particulars wherein the findings are unsustained by the evidence. There is no affidavit in support of the alleged *234grounds of surprise and newly discovered evidence, which by statute is made essential to the granting of a motion for ■ new trial on either of those grounds. And with respect to the plaintiff’s motion to “amend and make additional findings,” it is sufficient to say that this motion was made long after the entry of the judgment and the denial of the motion for a new trial.

¶2Judgment and orders affirmed.