Legal Opinion

Burns v. Bowler

Hawaii Supreme Court

Decided July 26, 1880PublishedCited by 5 opinions

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

  1. Territory v. YoungHawaii Supreme Court · 1933
  2. Uuku v. KaioHawaii Supreme Court · 1913
  3. Deponte v. Ulupalakua Ranch, Ltd.Hawaii Supreme Court · 1967
  4. Republic of Hawaii v. CarvalhoHawaii Supreme Court · 1896
  5. Matsumoto v. AsamuraHawaii Intermediate Court of Appeals · 1985

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