Stuckslager v. McKee
Supreme Court of Iowa
Appeal from Cedar District Court. This proceeding was commenced November 11, 1873, to obtain a new trial on the ground of newly discovered evidence. The two causes in which the new trial is sought were actions upon two notes made by the defendant to Thomas Marlow or bearer, and in each of which the defense was a denial of the execution of the notes.
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Appeal from Cedar District Court. This proceeding was commenced November 11, 1873, to obtain a new trial on the ground of newly discovered evidence. The two causes in which the new trial is sought were actions upon two notes made by the defendant to Thomas Marlow or bearer, and in each of which the defense was a denial of the execution of the notes. At the November Term, 1872, the causes were tried to a jury, who found for the defendant; a motion for a new trial was overruled, and judgment rendered on the verdict November 28,1872; and thereafter a notice of appeal to the Supreme Court was…
1Opinion of the CourtCole, J.
This proceeding is under Code, Secs. 3154 and 3155, to obtain a new trial because of newly discovered evidence after the trial, which could not with reasonable diligence have been discovered before. The abstract shows that “ all the evidence given on the trial ” is before us. A careful examination of the evidence fails to discover a single word of testimony showing any diligence whatever. The newly discovered witness, J. J. Huber, testifies: “The reason why I kept quiet was because I do not want anything to do with *213law; I didn’t want to be a witness in the case, * '*• * . I don’t know but I…
2Cases cited3 opinions
- Alger v. MerrittSupreme Court of Iowa · 1864
- Lisher v. PrattSupreme Court of Iowa · 1859
- Richards v. NuckollsSupreme Court of Iowa · 1865
3Cited by3 opinions
- Scott v. HawkSupreme Court of Iowa · 1898
- Hoban v. Sandford & Stillman Co.Supreme Court of New Jersey · 1900
- Woerdehoff v. MuekelSupreme Court of Iowa · 1906