Markham v. Boyd
Supreme Court of Virginia
In February 1855, "WUliamW. Boyd brought an action of ejectment in the Circuit court of Botetourt, against Jesse E. Markham, to recover a tract of four hundred and twenty-five acres of land, on Jennings creek, in said county. The case was tried in June 1857, when there was a verdict for the plaintiff. Markham thereupon moved the court for a new trial; but the court overruled the motion and rendei’ed a judgment according to the verdict.
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In February 1855, "WUliamW. Boyd brought an action of ejectment in the Circuit court of Botetourt, against Jesse E. Markham, to recover a tract of four hundred and twenty-five acres of land, on Jennings creek, in said county. The case was tried in June 1857, when there was a verdict for the plaintiff. Markham thereupon moved the court for a new trial; but the court overruled the motion and rendei’ed a judgment according to the verdict. No exception was taken to the refusal of the court to grant a new trial; and therefore, the record did not show what evidence had been introduced in the trial…
1Opinion of the CourtChristian, J.
The power of a court to set aside a verdict of a jury, and grant a new trial, upon the ground of newly discovered testimony, is one that is exercised rarely and with great caution. It will not be exercised but under very special circumstances. The party asking its exercise must show that he was ignorant of the existence of the evidence relied upon; that he was guiltless of negligence ; and that the new evidence, if it had been before *547the jury, ought to have produced a different verdict. The newly discovered evidence must not only be material in its objects, and not merely cumulative,…
2Cited by6 opinions
- Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
- Wynne v. Newman's Adm'orSupreme Court of Virginia · 1881
- Adams v. HubbardSupreme Court of Virginia · 1874
- Neale v. FarinholtSupreme Court of Virginia · 1884
- Adams v. HubbardSupreme Court of Virginia · 1874
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