Mulholland v. Heyneman
19 Cal. 605
Cal.1862Check TreatmentField, C. J. concurring.
This is an appeal from an order refusing to set aside a judgment on the ground of surprise. The application was addressed to the legal discretion of the Court; and upon the affidavits before us, we cannot undertake to say that this discretion has been improperly exercised. The recent case of Haight v. Green is decisive of the matter.
Order affirmed.