Aylmer v. Adams
North Dakota Supreme Court
From an order for a new trial of the District Court of Ward County, Leighton, J. Plaintiff appeals. The showing made on motion for new trial on the ground of newly discovered evidence should be viewed with suspicion and closely scrutinized, and such motion should be granted only when due diligence is shown by the moving party, and it should also appear that the alleged new evidence would or ought to bring a different result before another jury.
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From an order for a new trial of the District Court of Ward County, Leighton, J. Plaintiff appeals. The showing made on motion for new trial on the ground of newly discovered evidence should be viewed with suspicion and closely scrutinized, and such motion should be granted only when due diligence is shown by the moving party, and it should also appear that the alleged new evidence would or ought to bring a different result before another jury. Braithwaite v. Aiken, 2 N. D. 57, 49 N. W. 419; Evans v. Parrott, 26 Ark. 600; Camp Mfg. Co. v. Parker, 121 Fed. 195; Caller v. Shields, 2 Stew. & P.…
1Opinion of the CourtChristianson, J.
This is an appeal from an order of the’ district court of Ward county granting a new trial for newly discovered evidence, The case was tried to a jury and a verdict returned in favor of the plaintiff for $1,785.46. Judgment was entered pursuant to the verdict on March 14, 1913. Several affidavits were submitted ill support of the motion for new trial. The newly discovered evidence is set forth in the affidavitt of McKenzie St. Clair, a witness who testified in behalf of the plaintiff upon the trial of the action. This affidavit is *518as follows: “McKenzie St. Clair, being first duly sworn,…
2Cited by60 opinions
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- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Kohlman v. HylandNorth Dakota Supreme Court · 1928
- State v. CrayNorth Dakota Supreme Court · 1915
- Reid v. EhrNorth Dakota Supreme Court · 1917
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