Knowlton v. Seneca Engineering Co.

HAZEL, District Judge.

The application for a new trial on the ground of newly discovered evidence comes too late. In the absence of a statute, the court is without jurisdiction to grant relief after the expiration of the term at which the decision was rendered; the term not being extended by order. This rule applies to civil and criminal actions. Even where a term has been extended for filing and signing a bill of exceptions, a motion for a new trial on newly discovered evidence is not maintainable. Harley v. U. S. (C. C. A.) 269 F. 384. In United States v. Mayer, 235 U. S. 55, 35 S. Ct. 16,…