Lisher v. Pratt
Supreme Court of Iowa
Appeal from Allamakee District Court. This was an action against the defendant, for not delivering to plaintiíf, a letter containing one hundred dollars. Judgment was rendered for the plaintiff. The evidence offered on the trial, is not set out in the record, nor does it contain a statement of the facts found, with the conclusions of the court founded thereon, under section 1793 of the Code.
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Appeal from Allamakee District Court. This was an action against the defendant, for not delivering to plaintiíf, a letter containing one hundred dollars. Judgment was rendered for the plaintiff. The evidence offered on the trial, is not set out in the record, nor does it contain a statement of the facts found, with the conclusions of the court founded thereon, under section 1793 of the Code. The defendant filed a motion to set aside the verdict and for a new trial, on the ground, among other things, of newly discovered evidence, which motion was supported by the affidavits of the defendant’s…
1Opinion of the CourtWright, C. J.
The rule is well settled, that a party who asks a new trial upon the ground of newly discovered evidence, must show that such evidence is material, and that he not only did not know of it before the trial, but that he would have been in the same ignorance by the use of due diligence. The affidavit and showing of the defendant in *60this case, fails to do either of these things. So far from proving that he could not have had knowledge of what he calls the “new evidence,” by the use of due diligence, he shows that if he had made any, the slightest effort, he' could have hadt he benefit of it all.…
2Cases cited1 opinion
- Mays v. DeaverSupreme Court of Iowa · 1855
3Cited by5 opinions
- Feister v. KentSupreme Court of Iowa · 1894
- Lay v. WissmanSupreme Court of Iowa · 1873
- Stuckslager v. McKeeSupreme Court of Iowa · 1875
- Mather v. Butler CountySupreme Court of Iowa · 1871
- Carman v. RoennanSupreme Court of Iowa · 1876