Merrick v. Britton
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Hon. John T. Bh AR»en, Circuit Judge. "We submit that the affidavit for a new trial contains all the essential requisites as laid down in the cases cited in Rose’s Digest, p. 563. We submit, that motions for a new trial, on the ground of newly discovered evidence, are addressed to the sound discretion of the court, and the motion, in this instance, was not sufficient.
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Appeal from Hempstead Circuit Court. Hon. John T. Bh AR»en, Circuit Judge. "We submit that the affidavit for a new trial contains all the essential requisites as laid down in the cases cited in Rose’s Digest, p. 563. We submit, that motions for a new trial, on the ground of newly discovered evidence, are addressed to the sound discretion of the court, and the motion, in this instance, was not sufficient. Ballard v. Noahs, 8 Ark., 4-5;,Olmsted v. Hill,® ib., 846; Robins v. Fowler, 8 ib., 138; Bourland v. Skimnee, 11 Ark., (6 Fng.) 671; Holeman v. State, 13 Ark., 105; Pleasant v. State, 13…
1Opinion of the CourtBennett, J.
The appellant instituted, in the Hempstead circuit court, his action of tresspass against the appellee, wherein he alleged that the appellee had taken, seized and carried away certain cotton in the seed, the property of the appéllant, of weight unknown, but sufficient to make eighteen bales of ginned cotton, of five hundred pounds each, and of the value of $2,500, and converted the same to his own use.
Appellee pleaded not guilty, a trial was had; verdict for the defendant; new trial was moved; motion overruled; appeal to this court.
The plaintiff proved that, in 1865, one Walker died leaving…
2Cases cited6 opinions
- Root v. ChandlerNew York Supreme Court · 1833
- Burriss v. WiseSupreme Court of Arkansas · 1839
- Robins v. FowlerSupreme Court of Arkansas · 1840
- Olmstead v. HillSupreme Court of Arkansas · 1840
- Hume v. TuftsIndiana Supreme Court · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Schmidt v. StearmanCourt of Appeals of Arkansas · 2007
- Bieatt v. EcholsSupreme Court of Arkansas · 1930
- Cooper v. VaughanSupreme Court of Arkansas · 1913
- Ark. State Hwy. Comm. v. SchmollSupreme Court of Arkansas · 1968