Hatfield v. Macy

On the ground of newly discovered evidence, this motion cannot he granted. The fact that the defendant Miller, one of the sureties on the original undertaking, had been excepted to, and that a new undertaking had been given, signed by the defendant Macy and Christian F. A. Dambman, was known to the attorney for the defendants at the time. The defendant Macy must have known it, as he signed both undertakings. The defendant Miller, according *194to his affidavit, takes no interest whatever in the matter, and has authorized no proceedings to he taken on his behalf.

The evidence, which is claimed to…