Darbee v. Elwood
New York Supreme Court
THIS was an appeal by the defendants from an order denying a motion for a new trial on the ground of newly discovered evidence.
1Per curiam
It became a very important, if not a controlling, question on the trial of this action, whether the assessment roll, made for the town of Colchester, in the year 1849, contained an assessment of the lands in controversy, and was also duly verified by the assessors of that town. The original roll could not be found, and secondary evidence was given pro and con., on these questions. The case was sent to the jury on the evidence, under the charge of the judge, to the effect that if they should find that the original assessment roll had the certificate of the assessors upon it, then it was…
2Cases cited3 opinions
- Powell v. JonesNew York Supreme Court · 1863
- Bronson v. HickmanIndiana Supreme Court · 1857
- Burr v. PalmerSupreme Court of Vermont · 1851
3Cited by3 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1890
- Schultz v. Third Avenue RailroadThe Superior Court of New York City · 1881