Legal Opinion

Herrman v. Altman

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1910PublishedCited by 3 opinions

Appeal from an order of the Appellate Term, entered on the 16th day of February, 1910, affirming an order of the City Court granting a new trial upon the ground of newly-discovered evidence.

1Opinion of the Court

Miller, J.:

The so-called newly-discovered evidence consists of the testimony of the plaintiffs’ employee respecting admissions claimed to have been made by the defendant after the. trial. Such evidence may be said to be newly “ Created,” but cannot appropriately be termed newly “ discovered;” and obviously does not meet the requirements prescribed for the granting of new trials on the ground of newly-discovered evidence. If the practice of granting new trials upon such evidence were adopted, litigations would become interminable. The defeated *931party would only need to interview liis adversary…

2Cited by3 opinions

  1. Kennedy v. Emerald Coal & Coke Co.Supreme Court of Delaware · 1944
  2. Johnson v. RuleSupreme Court of Vermont · 1933
  3. Rockowitz Corset & Brassiere Corp. v. Madame X Co.New York Supreme Court · 1927

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