Zickefoose v. Kuykendall
West Virginia Supreme Court
An appeal from, and supersedeas to a decree of the circuit court of Hitchie county, rendered on the 28th day of April 1876, in a chancery cause in said court then pending, wherein A. W. Zickefoose- was plaintiff, and S. E. Kuykendall was defendant, granted upon the petition of said plaintiff, below.
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An appeal from, and supersedeas to a decree of the circuit court of Hitchie county, rendered on the 28th day of April 1876, in a chancery cause in said court then pending, wherein A. W. Zickefoose- was plaintiff, and S. E. Kuykendall was defendant, granted upon the petition of said plaintiff, below. GreeN, President, who delivered the opinion of the Court, furnishes the following statement of the case: A. W. Zickefoose brought an action of debt, in the circuit court of Ritchie county, on what purported to be a valid obligation of S. E. Kuykendall, dated March 15, 1875, promising to pay…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The question raised by this record is : When should a court of equity interfere with a judgment at law, by awarding a new trial of the matters in controversy because of newly discovered evidence. It is admitted that after-discovered evidence, to afford a proper ground fo *30awarding a new trial, whether the application be made 'to a common law court, or to a court of equity, must (1st) have been discovered since the former trial; (2nd) be such as reasonable diligence on the part of the party seeking the new trial could not have secured at a…
2Cases cited6 opinions
- Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
- State v. StrauderWest Virginia Supreme Court · 1877
- State v. McDonaldWest Virginia Supreme Court · 1876
- Gillilan v. LudingtonWest Virginia Supreme Court · 1873
- Adams v. HubbardSupreme Court of Virginia · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- Beck v. ThompsonWest Virginia Supreme Court · 1888
- Sayre v. KingWest Virginia Supreme Court · 1880
- Pinschower v. HanksNevada Supreme Court · 1883