California Supreme Court July 1, 1869 (Doyle v. Sturla)

Bhodes, J., delivered the opinion of the Court:

The conflict in the evidence is so manifest, that we would not be warranted in disturbing the finding, on the ground that it was not justified by the evidence.

, In Shellhous v. Ball (29 Cal. 608)—in which the principal .issue was, as in. this case, payment—one of the grounds-of the' motion for a new trial was surprise; and, in respect to .