Burns v. Bowler
Hawaii Supreme Court
ON EXCEPTIONS. The trial. Justice, considered counter affidavits-filed against the motion for new trial on the ground of newly-discovered evidence ; Held, counter affidavits may be filed to throw light upon the question as to whether the evidence is in fact newly discovered and not accessible to the party at the trial-upon the-exercise of reasonable diligence.
1Opinion of the Court
Opinion of the Court by
Judd, Jv.
In this case the jury found for the-plaintiff and the defendant moved for a new trial on the ground of newly discovered evidence, which motion was-heard by the Chief Justice and denied, from which exceptions are taken to this Court.
The defendant contends that if the counter affidavits had *304not been considered by the Court below, a new trial would necessarily have been ordered, and that the practice of filing-counter affidavits against a motion for new trial on the ground of newly discovered evidence does not authorize a denial of the truth of the statement of…
2Cited by5 opinions
- Territory v. YoungHawaii Supreme Court · 1933
- Uuku v. KaioHawaii Supreme Court · 1913
- Deponte v. Ulupalakua Ranch, Ltd.Hawaii Supreme Court · 1967
- Republic of Hawaii v. CarvalhoHawaii Supreme Court · 1896
- Matsumoto v. AsamuraHawaii Intermediate Court of Appeals · 1985