Harnsbarger's adm'r v. Kinney
Supreme Court of Virginia
This case is a sequel to that of Harnsbarger's adm'r against Kinney, reported 6 Grattan 287. When the cause went back, Kinney filed his bill in the Circuit court of Augusta county, to enjoin the judgment upon various grounds; the first of which was of after discovered evidence.
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This case is a sequel to that of Harnsbarger's adm'r against Kinney, reported 6 Grattan 287. When the cause went back, Kinney filed his bill in the Circuit court of Augusta county, to enjoin the judgment upon various grounds; the first of which was of after discovered evidence. After stating the execution of the bond of April 1821, by Moses McCue and John H. Hyde to Addison Hyde, and its assignment to Harnsbarger, he charged that Harnsbarger knew that it was an accommodation bond, and that with that knowledge he discounted it at ten far cant, by the assignment of other bonds to Addison Hyde,…
1Opinion of the CourtSamuels, J.
A plaintiff who comes into a court of .equity asking the new trial of an issue at law, on the ground of having discovered evidence after the trial, must show that he has not been guilty of laches in making the discovery ;.that the evidence is material to the issue; that it is not merely cumulative, or in addition to other evidence of like import heard at the trial. In the view I take of this part of the case, it is not necessary to consider any question other than the one whether the newly discovered evidence is cumulative, or whether it be such that no evidence of like substance was heard by…
2Cited by17 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Poling v. MaddoxWest Virginia Supreme Court · 1896
- Day v. RobertsSupreme Court of Virginia · 1903
- Glenn v. MorganWest Virginia Supreme Court · 1884
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