Cowan v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Harshall county; the Hon. Samuel L. Richmond, Judge, presiding. This was an action of assumpsit instituted in the court below by Ephraim Smith against Walter Cowan. A trial resulted in a verdict for the plaintiff. The defendant, thereupon, moved for a new trial, upon the ground of the absence of a material witness, whose attendance he was endeavoring to procure at the time the trial came on.
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Appeal from the Circuit Court of Harshall county; the Hon. Samuel L. Richmond, Judge, presiding. This was an action of assumpsit instituted in the court below by Ephraim Smith against Walter Cowan. A trial resulted in a verdict for the plaintiff. The defendant, thereupon, moved for a new trial, upon the ground of the absence of a material witness, whose attendance he was endeavoring to procure at the time the trial came on. In support of his motion the defendant presented his own affidavit alone. The motion was overruled and judgment entered upon the verdict. The defendant appealed, and now…
1Opinion of the CourtJustice Beckwith
After a verdict against the defendant, he moved for a new trial on the ground of the absence of a material witness. The overruling of this motion is now assigned as error. A motion for a new trial, founded on the absence of a material witness, or upon newly discovered testimony, should be supported by the affidavits of the witnesses by whom it is proposed to prove the facts relied upon; or, some excuse should be shown for not obtaining them. Cummins v. Waldren, 4 Blackf. 307; Denn v. Morrell, 1 Hall S. C. 382; Gibson v. The State, 9 Ind. 264; 1 Graham & Waterm. on New Trials, 210; 3 id. 1067,…
2Cases cited2 opinions
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