Legal Opinion

Axtell v. Warden

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 7 opinions

Error to the district court for Jefferson county. Tried below before Weaver, J. The petition sets up as a ground of reversal and new trial, a fraudulent concealment of facts on the part of defendant, which, if known, would have resulted in a verdict in favor of the plaintiff instead of the defendant. Both the facts and the concealment of them are admitted by the demurrer.

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Error to the district court for Jefferson county. Tried below before Weaver, J. The petition sets up as a ground of reversal and new trial, a fraudulent concealment of facts on the part of defendant, which, if known, would have resulted in a verdict in favor of the plaintiff instead of the defendant. Both the facts and the concealment of them are admitted by the demurrer. Is it fraud, or fraudulent practice, for a party to an action to conceal from the court and jury facts, which, if divulged, must necessarily defeat him in his case, and give the verdict to his adversary? We think it is, when…

1Opinion of the Court

Gantt, Ch. J.

This is an application by petition for a new trial, on the ground of newly discovered evidence.

The original action was brought by defendant in error against the plaintiff in error, to recover damages for property burned up by a prairie fire, alleged to have been set out on the eleventh of November, 1873, by plaintiff. The plaintiff in his petition states as ground for a new trial: First, “that he has learned since said term of court and said trial, that one O. C. Burch and one Isaac Packer * * did each of them set out a prairie fire on or near their respective premises, on the…

2Cases cited3 opinions

  1. Arnold v. SkaggsCalifornia Supreme Court · 1868
  2. Cummins v. WaldenIndiana Supreme Court · 1837
  3. Armstrong v. MillerOhio Supreme Court · 1833

3Cited by7 opinions

  1. Gates v. StateNebraska Supreme Court · 1955
  2. Wiegand v. Lincoln Traction Co.Nebraska Supreme Court · 1932
  3. Tingley v. DolbyNebraska Supreme Court · 1882
  4. Wunrath v. Peoples Furniture & Carpet Co.Nebraska Supreme Court · 1915
  5. Goracke v. HintzNebraska Supreme Court · 1882

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