Drehle v. Fleming

DISSENTING OPINION

RYAN, P. J.

I cannot concur with the opinion of the majority of this court which holds that a new trial is required by the application of the rules relating to newly discovered evidence.

The determination of a motion for a new trial on the grounds of newly discovered evidence is largely discretionary with the trial court. 28 ILP, New Trials, § 98. The exercise of the court’s discretion will not be disturbed on review except in case of manifest abuse. Stocker v. Scherer, 1 Ill2d 405, 115 NE2d 614; Leonard v. Jacobs, 42 Ill App2d 261, 192 NE2d 304; Henderson v. Shives, 10 Ill…