Anderson v. Sutherland
Texas Supreme Court
Appeal from. .Wilson. Tried below before the Hon. Everett Lewis. Suit against appellees, brought Hovember 28,1878, for a new trial in a case wherein a judgment had been rendered against the appellants at the December term, 1876, of the district court of Wilson county. The basis of the suit was newly discovered evidence.
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Appeal from. .Wilson. Tried below before the Hon. Everett Lewis. Suit against appellees, brought Hovember 28,1878, for a new trial in a case wherein a judgment had been rendered against the appellants at the December term, 1876, of the district court of Wilson county. The basis of the suit was newly discovered evidence. The petition in effect alleged that plaintiff had but^ recently discovered the whereabouts of certain chain carriers, and that he could prove by them conclusively that the line of the land in litigation was where he had claimed it was in the original suit; and that he had used…
1Opinion of the Court
Watts, J. Com. App.—
This is a suit for a new trial, instituted nearly two years subsequent to the rendition of the judgment; it is based upon the ground of newly discovered evidence, that is, evidence discovered long after the judgment was rendered. This evidence is not set out in the petition further than to state its effect and result when presented.
In Burnley v. Rice, Adams & Co., 21 Tex., 182, Justice Wheeler quotes with approval from Graham & Waterman on Hew Trials, as follows: “ The newly discovered evidence should be set out verbatim, just as it can be testified to in court, and…
2Cases cited1 opinion
- Burnley v. Rice, Adams & Co.Texas Supreme Court · 1858
3Cited by6 opinions
- El Paso & Southwestern Railway Co. v. KelleyTexas Supreme Court · 1905
- Hodges v. RossCourt of Appeals of Texas · 1894
- Stanley v. SpannCourt of Appeals of Texas · 1929
- Smith v. McDanielCourt of Appeals of Texas · 1914
- Reid v. ClarksonCourt of Appeals of Texas · 1911
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