Lovejoy v. Churchill
Supreme Court of Vermont
Appeal prom the Court op Chancery. The only paper connected with the case which came into the possession of the reporter was the opinion of the court, which was delivered at the Circuit Session in October, 1857, by
1Opinion of the Court
Redpield, Ch. J.
This is an appeal from the decision of the chancellor, on the ground of his refusal to recommit the report of the masters. The grounds of the motion to recommit seem to have been two:
1. That the evidence before the masters was false, and that this could be shown by evidence discovered since the trial, which, upon the affidavits read before the chancellor, would seem to include both surprise and newly discovered evidence.
In a court of law these grounds of motion for a new trial are addressed solely to the discretion of the court, and the deter*152mination thereon could not be…
2Cited by3 opinions
- Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
- A. Partridge & Co. v. StockerSupreme Court of Vermont · 1863
- Sowles' Admr. v. SartwellSupreme Court of Vermont · 1903