Tappin v. Clarke
Supreme Court of Connecticut
Petition for a new trial in the case of Clarke v. Tappin, reported ante, page 56. The petition set forth the evidence in the case, and concluded as follows:— That upon the testimony aforesaid said cause'was submitted to the jury, who returned their verdict in favor of the plaintiff on the fourth count of said declaration, and for your petitioner on the other counts, and that the plaintiff recover of your petitioner, under said fourth count, two thousand and ninety-one TW…
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Petition for a new trial in the case of Clarke v. Tappin, reported ante, page 56. The petition set forth the evidence in the case, and concluded as follows:— That upon the testimony aforesaid said cause'was submitted to the jury, who returned their verdict in favor of the plaintiff on the fourth count of said declaration, and for your petitioner on the other counts, and that the plaintiff recover of your petitioner, under said fourth count, two thousand and ninety-one TW dollars damages and costs. That at the time of said trial your petitioner was, and for more than twenty years prior thereto…
1Opinion of the CourtPark, J.
This court has never before been asked to grant a new trial on the ground of newly discovered evidence, to impeach the character of a witness sworn on a former trial. This can not be owing to the fact that cases have not arisen in which the question could have been made, for scarcely has there been an important trial, with many witnesses, where diligent search would not have discovered evidence of this character against some witness on the trial. But it must be owing to the unbroken current of authority on the subject, early established elsewhere, that rendered it highly improbable that an…
2Cases cited3 opinions
- Waller v. GravesSupreme Court of Connecticut · 1850
- Fleming v. HollenbackNew York Supreme Court · 1849
- Bunn v. HoytNew York Supreme Court · 1808
3Cited by4 opinions
- Lancaster v. Bank of New YorkSupreme Court of Connecticut · 1960
- Black v. Universal C. I. T. Credit Corp.Supreme Court of Connecticut · 1962
- Husted v. MeadSupreme Court of Connecticut · 1889
- Moynahan v. StateConnecticut Superior Court · 1974