Kauffman v. De Mutiis
1948.CA.40909; 189 P.2D 271; 31 CAL. 2D 429
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Descrição da editora
The propriety of an order granting a new trial upon the ground that a witness subpoenaed by the plaintiff did not appear for examination is challenged by the defendant, who obtained a verdict in his favor. The question for decision concerns the construction and application of section 657 of the Code of Civil Procedure insofar as it authorizes a new trial because of "accident or surprise."