State v. Carr
Superior Court of New Hampshire
Indictment .for perjury. At the trial in the court below a number of witnesses wére introduced on the part of the government, and also on behalf of the respondent. Among those introduced for the prosecution, was one William Wallace Barden, whose testimony was material to the issue.
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Indictment .for perjury. At the trial in the court below a number of witnesses wére introduced on the part of the government, and also on behalf of the respondent. Among those introduced for the prosecution, was one William Wallace Barden, whose testimony was material to the issue. After a verdict in favor of the government the respondent moved in arrest of judgment and for a new trial, on account of newly-discovered evidence ; and in support of the motion furnished the following affidavit, duly signed and sworn to. “ I, David Webster, of Manchester, depose and say, that, on Saturday morning…
1Opinion of the CourtEastman, J.
It is not often that a question of the kind, raised by the case before us, arises in the practice of the courts of this State. The right of review, by which the lasing party, on issue joined in a civil suit, may, on certain conditions, again try his case after being once defeated, being given by the statutes of this State, the many questions, which have arisen in other jurisdictions where this right does not exist, have not been considered here. Parties who are defeated on the facts, generally resort *170to their statutory rights for á rehearing, and seldom apply to the court for relief under…
2Cases cited16 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Shumway v. FowlerNew York Supreme Court · 1809
- Vandervoort v. SmithNew York Supreme Court · 1804
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- Bunn v. HoytNew York Supreme Court · 1808
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3Cited by4 opinions
- State v. BoisvertSupreme Court of New Hampshire · 1979
- State v. MallarSupreme Court of New Hampshire · 1986
- State v. FuentesNew Mexico Supreme Court · 1959
- State v. KellySupreme Court of New Hampshire · 1980