Aylmer v. Adams
North Dakota Supreme Court
From an order for a new trial of the District Court of Ward County, Leighton, J. Plaintiff appeals. The showing made on motion for new trial on the ground of newly discovered evidence should be viewed with suspicion and closely scrutinized, and such motion should be granted only when due diligence is shown by the moving party, and it should also appear that the alleged new evidence would or ought to bring a different result before another jury.
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From an order for a new trial of the District Court of Ward County, Leighton, J. Plaintiff appeals. The showing made on motion for new trial on the ground of newly discovered evidence should be viewed with suspicion and closely scrutinized, and such motion should be granted only when due diligence is shown by the moving party, and it should also appear that the alleged new evidence would or ought to bring a different result before another jury. Braithwaite v. Aiken, 2 N. D. 57, 49 N. W. 419; Evans v. Parrott, 26 Ark. 600; Camp Mfg. Co. v. Parker, 121 Fed. 195; Caller v. Shields, 2 Stew. & P.…
1Opinion
On Petition for Kehearing. (Filed May 18, 1915.)
Christianson, J.
An able and exhaustive petition for rehearing has been field herein, wherein it is earnestly argued that the former opinion is erroneous for the reason that a new trial is granted on the ground of newly discovered evidence which is cumulative and impeach*521ing in character. The reasoning adopted in the petition is based on the erroneous assumption that this court has granted a new trial in this case. That question was presented to and decided by the trial court. The question presented to this court is not whether a new trial should…
2Cases cited17 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Heintz v. CooperCalifornia Supreme Court · 1894
- Clavey v. LordCalifornia Supreme Court · 1891
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
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