Russell v. Randall

The motion upon which the order was made was treated by the learned judge at special term as a motion for a new trial on the ground of newly-discovered evidence; and such it was, to all intents and purposes; *328but it was heard without a case to show what evidence was given on the trial already had. In the opinion at special term, it is said: “It is not cumulative evidence which is proposed to be added to the case, as that has been described by the authorities, but the proposal is to prove distinct and independent matters, in no manner brought before to the attention of the court and jury.” The…