Shumway v. Fowler
New York Supreme Court
THIS was an action of trespass on the case, for debauching the plaintiff’s daughter. The cause was tried at the Washington circuit, and a verdict found for the plaintiff, for 1,025 dollars. The plaintiff’s daughter was a witness on the part of the plaintiff, at the trial.
1Per curiam
A new trial is not to be granted, merely on the discovery of new evidence, which would impeach the character of a witness at the trial. There would be no end of new trials on that ground. (2 Salk. 653. 12. Mod. 584. Sayer, 27. 3 Johns. Rep. 255.) The newly discovered evidence is to impeach the character of the daughter, who was. a witness at the trial. There is another objection to the affidavit in this case. It states merely, that the persons mentioned had told the party what they coiild say. There can be no reliance on such *426declarations; nor could the persons, at the trial, be obliged to…
2Cited by22 opinions
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Fleming v. HollenbackNew York Supreme Court · 1849
- Sargent v.New York Supreme Court · 1825
- Harrington v. BigelowNew York Supreme Court · 1846
- Soebel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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