Fries v. Acme White Lead & Color Works
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by the Acme White Lead & Color Works against Mrs. R. H. Fries. From the judgment or order overruling defendant’s motion for new trial, she appeals. Transferred from the Court of Appeals under Act April 18, 1911, p. 449, § 6.
1Opinion of the CourtThomas, J.
Appellant rests her appeal on the failure of the court to grant her motion for a new trial on the ground of newly discovered evidence, and the failure to give at her request the affirmative charge.
The generally accepted rules, obtaining in many jurisdictions, as to the granting of a new trial on the ground of newly discovered evidence, are: (1) The newly discovered evidence must he such as could not, with reasonable diligence, have been discovered in time to be produced at the trial; (2) it must be such as to render probable a different result on the retrial of the case.
To these requirements,…
2Cases cited54 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- Andersen v. StateSupreme Court of Connecticut · 1876
- Oberlander v. Fixen & Co.California Supreme Court · 1900
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3Cited by73 opinions
- McDowell v. StateSupreme Court of Alabama · 1939
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- Gast v. StateSupreme Court of Alabama · 1936
- Forest Investment Corp. v. Commercial Credit Corp.Supreme Court of Alabama · 1960
- Shepherd v. Southern Railway CompanySupreme Court of Alabama · 1970
68 more not listed; retrieve them via the Exa API.