Legal Opinion

Barker v. French

Supreme Court of Vermont

Decided March 15, 1846PublishedCited by 13 opinions

Petition for a new trial. The facts in the case, on which the decision was founded, sufficiently appear in the opinion of the court, — which was delivered by

1Opinion of the Court

Williams, Ch. J.

The court have been averse to granting new trials on the ground of new discovered evidence. If the party might have availed himself of the same testimony by the use of due diligence or if the testimony is cumulative, — that is, additional witnesses are offered to the same fact before litigated, leaving it still doubtful, — a new trial is not to be granted. But it has not been refused solely because cumulative, if it will make a doubtful case clear.

In this case it appears, that French claimed by an absolute bill of sale from Batclielder, and the case went to the jury on that…

2Cited by13 opinions

  1. Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
  2. Alger v. MerrittSupreme Court of Iowa · 1864
  3. State v. ReillyNorth Dakota Supreme Court · 1913
  4. Adams v. StateSupreme Court of Florida · 1908
  5. Casey v. StateNebraska Supreme Court · 1886

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