Cardell v. Lawton
Supreme Court of Vermont
This was a petition for a new trial, assigning as cause the discovery of new evidence since the final trial in the case. The petition contained the names of the witnesses, from whom the newly discovered evidence was expected, — but not the affidavits of the witnesses, stating their testimony, nor the minutes of the judge who presided at the trial. The petitionee filed a motion to dismiss the petition for these reasons.
1Opinion of the Court
By the Court.
The petition should not only have contained the names of the witnesses from whom the newly discovered evidence was expected, and the statement of what that testimony was expected to be, but also the affidavits of the witnesses, stating what their testimony would be; and the new trial, if granted at all, must be granted upon the new discovered evidence thus stated in the petition, and could not be granted upon newly discovered evidence shown at the hearing, unless stated in the petition. For this cause the petition in this case must be dismissed.
It is sufficient to produce the…
2Cited by3 opinions
- Missouri-Kansas Pipe Line Co. v. WarrickSupreme Court of Delaware · 1938
- Bradish v. StateSupreme Court of Vermont · 1862
- Soebel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907