Richardson v. Lloyd
Massachusetts Supreme Judicial Court
Petition, filed in March 1866, for the review of a judgment, (for $1187.64 and costs, obtained by the respondent against the petitioners, in November 1865, in an action in the superior court,) on the ground of the discovery of new and material evidence.
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Petition, filed in March 1866, for the review of a judgment, (for $1187.64 and costs, obtained by the respondent against the petitioners, in November 1865, in an action in the superior court,) on the ground of the discovery of new and material evidence. The petition recited that the action was on three overdue and protested promissory notes, made by the petitioner Richardson, and indorsed by the other petitioner, Franklin G. Abbey, for the sums respectively of $250, $400, and $366.50, the first two dated in 1861, and the third in June 1863, but did not set forth the times when the notes fell…
1Opinion of the CourtWells, J.
To entitle the petitioners to a review, it was necessary for them to establish the proposition that the newly discovered evidence was in itself new and material. As there had been testimony at the trial in regard to the paper afterwards discovered, the question could not be determined without proof of what actually occurred, in regard to it, at the trial before the jury The court received the evidence of the petitioners upon that point; but refused to hear the testimony offered by the respondent to the same point. This was error. No fact is legally proved, in judicial proceedings, by paroi…
2Cited by6 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. CulverMassachusetts Supreme Judicial Court · 1879
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1874
- Hayes v. CollinsMassachusetts Supreme Judicial Court · 1873
- Mulrey v. CarberryMassachusetts Supreme Judicial Court · 1911
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