Legal Opinion

Jackson v. Town of Fort Covington

New York Supreme Court

Decided September 25, 1891Published

Appeal from order denying motion for a new trial on the ground of newly discovered evidence. The following is the opinion at special term:

1Opinion of the CourtPutnam, J.

Owing to many engagements I am unable to devote the time to write an opinion in this case. But I have read with care the points presented and considered the same.

I think a new trial on the ground of newly discovered evidence should be granted with some hesitation. When a case has been tried as this case was, with care and deliberation, the rights of the respective parties being represented by able counsel, and a verdict has been rendered, a court should scrutinize an application to open the case and grant a new trial on the ground of newly discovered evidence, and not allow such a motion to…

2Cases cited1 opinion

  1. Colville v. ChubbNew York Supreme Court · 1891

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