Adams v. Bush
New York Court of Appeals
After trial by a referee, plaintiff moved for a new trial on ground of newly discovered evidence, upon his own affidavit of what his new witnesses would swear to. The motion was denied on the ground that the evidence was merely cumulative; and the denial was affirmed at general term (33 How. Pr. 262); and plaintiff now appealed.
1Opinion of the Court
The Court were all of the opinion that the plaintiff’s papers in support of the motion were defective, in not containing an affidavit of the witnesses who, it was claimed, would give the additional evidence relied on, stating that they were ready to swear to the facts claimed to be newly discovered.
They therefore decided to affirm the order appealed from, upon that ground, without passing upon any other point.*
Order affirmed, with costs.
The judges were not agreed whether the order was appealable or not. The chief judge delivered an opinion (published in 2 Abb. Pr. N. S. 102) to the effect…
2Cases cited2 opinions
- Platt v. MunroeNew York Supreme Court · 1861
- Lawrence v. . ElyNew York Court of Appeals · 1868
3Cited by3 opinions
- Garvey v. United States Horse & Cattle ShowCity of New York Municipal Court · 1893
- Collins v. Central Trust Co.New York Supreme Court · 1929
- In re the Judicial Settlement of the Accounts of CohenNew York Supreme Court · 1895