Oakley v. Sears

I think there is no foundation for this motion on the ground of surprise. If the right to move, was not lost by the plaintiff’s laches, (nine months,) of which it is not necessary to express' an opinion, there is yet, no such surprise as would justify the court in setting aside the verdict. There are a few cases only, where surprise is deemed sufficient to grant a new trial, such as, the sudden departure of a witness from court, the unexpected adverse testimony of the party’s witness, and sometimes, any unexpected testimony; and generally any unexpected situation in which a party may be…