Graves v. Hicks

1. After a rescript from this court to the Superior Court ordering that the decree from which the defendant Hicks had appealed be, with a certain modification, affirmed, (Graves v. Hicks, 191 Mass. 102,) the defendant filed a motion for a new trial upon the ground of newly discovered evidence, and that the hearing might be reopened to receive further evidence “ by reason thereof.” The hearing upon the- motion took place on March 28, 1906, before the judge before whom, sitting without a jury, the case was originally tried. It appears from the certificate of the judge disallowing the exceptions…