Richards v. Nuckolls
Supreme Court of Iowa
Appeal from Mills District Court. Defendant recovered judgment against plaintiff, at the February Term, 1863, of the Mills District Court, for tbe amount of a promissory note, and -within one year thereafter, plaintiff filed his petition for a new trial, under section 3116 of the Revision, upon the grounds of accident and surprise, and because of newly discovered evidence, as provided in clauses three and seven of section 3112. This application being beard upon full…
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Appeal from Mills District Court. Defendant recovered judgment against plaintiff, at the February Term, 1863, of the Mills District Court, for tbe amount of a promissory note, and -within one year thereafter, plaintiff filed his petition for a new trial, under section 3116 of the Revision, upon the grounds of accident and surprise, and because of newly discovered evidence, as provided in clauses three and seven of section 3112. This application being beard upon full testimony offered by both parties, was refused, and plaintiff appeals.
1Opinion of the CourtWright, J.
i. new accident and surprise, Plaintiff, by his argument, labors to show that, from tbe proof made, be lias or had a good defense to tbe action upon the note. This might be conceded and yet this order be affirmed. He ° . _ _ . . alleges that, because of accident and surprise, he was prevented from properly defending that action, and that he has material evidence which he could not, with reasonable diligence, have discovered and produced on the trial. If a party has a good defense and fails, without the fault of the other party, in consequence of his own *556negligence .or want of diligence, to…
2Cases cited1 opinion
- Alger v. MerrittSupreme Court of Iowa · 1864
3Cited by5 opinions
- Clifford v. Denver, S. P. & P. R.Supreme Court of Colorado · 1888
- Stineman v. BeathSupreme Court of Iowa · 1872
- Stuckslager v. McKeeSupreme Court of Iowa · 1875
- Carman v. RoennanSupreme Court of Iowa · 1876
- Harper v. KurtzSupreme Court of Iowa · 1919