First National Bank of Tama City v. Murdough
Supreme Court of Iowa
Appeal from Tama Owcuit Gov/rt. At the.December term, 1873, of the Circuit Court of Tama county, a cause was tried between the above named parties, and judgment was rendered for the defendant. At the April term, 1874, of said court, the plaintiff filed a petition for a new trial, upon the ground that he had discovered material evidence since tbe last trial wbicli could not, with reasonable diligence, have been discovered before.
Read the full summary
Appeal from Tama Owcuit Gov/rt. At the.December term, 1873, of the Circuit Court of Tama county, a cause was tried between the above named parties, and judgment was rendered for the defendant. At the April term, 1874, of said court, the plaintiff filed a petition for a new trial, upon the ground that he had discovered material evidence since tbe last trial wbicli could not, with reasonable diligence, have been discovered before. The defendant filed a motion to strike plaintiff’s petition from the files, upon the ground, amongst others, “ that said petition is not the proper proceeding in this…
1Opinion of the CourtDay, J.
It is conceded that, under the Revision, section 3116, a petition for a new trial for the cause herein assigned would have been proper. It is claimed, however, that the Code provides a new rule. Chapter 9, title 17, of the Code, contains provisions, respecting new trials. Section 2837 provides eight grounds or causes for a new trial, amongst which are the following:
“ 2. Misconduct of the jury, or prevailing party.”
“ 3. Accident or suprise, which ordinary prudence could not have guarded against.”
“7. Newly discovered evidence material for the party applying, which he could not, with reasonable…
2Cited by7 opinions
- Chambliss v. HassSupreme Court of Iowa · 1904
- Denny-Renton Clay & Coal Co. v. SartoriWashington Supreme Court · 1915
- Jones v. German InsuranceSupreme Court of Iowa · 1899
- Abell v. PartelloSupreme Court of Iowa · 1927
- Hunter v. PorterSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.