Hurst v. Kellar

Opinion of the Court by

Judge Peters:

Of the various causes filed as grounds for a new trial, those numbered 3, 4 and 5 only need to be noticed, which refer to the surprise produced by the statements of the witness, Hahn, made on Monday morning after the argument and submission of the ease to the jury on Saturday before by way of correcting the evidence given by him before the case was submitted, introducing new and important matter, and which appellant had no opportunity then to rebut.

On his examination Hahn proved that he made brick on the lot in controversy in 1843, that there was then no…