Wells v. Phelps

OPINION of the Court, by

Judge Owsiey.

After a full trial ot the general issue, the present appellant moved the court for a new trial, on the ground of a discovery of testimony since the trial; but because, as the judge certifies, the evidence discovered related to a matter which had been contested on the trial, and to which proof had been adduced, the motion was overruled.

Whether, therefore, the court decided correctly on that motion, is the only question made by the assignment of errors.

Whether there may not exist a possible case, where upon the discovery of such testimony it would be proper…